‘Non-Drowsy’ Cold Meds Lawsuits Advance Against Kroger, Target

Kroger Co. and Target Corp. failed to exit proposed class actions by consumers who say they were duped by the labeling of the retailers’ supposed “non-drowsy” private label cough and cold products.

Californians April Davis and others sued in the US District Court for the Central District of California, alleging that the Kroger-brand products are deceptively touted as “non-drowsy” because they contain dextromethorphan hydrobromide, an ingredient known to cause sleepiness. Similar claims were raised against Target in the District of Minnesota by lead plaintiff Jennifer Stephens and others.

Federal law governing over-the-counter drugs expressly preempts state-law requirements that aren’t “identical” ...