Walmart ‘Non-Drowsy’ Cough Medicine Suit Barred by Federal Law

Walmart Inc. exited a proposed class suit alleging it deceptively touts cough medicine as “non-drowsy” when it includes a substance known to cause sleepiness, following a ruling that federal drug labeling law preempts the claims.

Aileen Goldstein alleged that Walmart’s Equate-brand products contain Dextromethorphan Hydrobromide, or DXM. She sued the company in the US District Court for the Southern District of New York, alleging she became sleepy after taking the product and saying sleepiness is a documented side effect of DXM.

She raised various consumer protection claims, alleging the deceptive “non-drowsy” representation allowed Walmart to charge a price premium.

The ...