Robitussin Consumers Want ‘Non-Drowsy’ False-Ad Suit Reinstated

Robitussin users told an appeals court that federal law doesn’t block their claims that GSK Consumer Health Inc. deceptively advertises “non-drowsy” cough medicines.

The advertisement is misleading because the products contain dextromethorphan (DXM), an ingredient that’s known to cause drowsiness, plaintiffs Nancy Calchi and Stacey Papalia said, asking the US Court of Appeals for the Second Circuit to reinstate their proposed class suit.

The federal Food, Drug, and Cosmetic Act expressly preempts state-law requirements that aren’t “identical” to federal requirements.

The law would preempt claims seeking additional label disclosures that aren’t required by the Food and Drug Administration, but Calchi ...