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The lawsuit claims that Kroger is knowingly misleading customers by prominently labeling cold and flu products with DM HBr as"Non-Drowsy" or"Daytime" on the front of the packaging. Both plaintiffs say that when they took these medications as directed, they allegedly became"unexpectedly drowsy."
"By prominently labeling the products as 'Non-Drowsy' and 'Daytime,' Defendant led Plaintiffs and other consumers to believe that the Non-Drowsy Products do not cause drowsiness, and that drowsiness is not a side effect of the products," the class action lawsuit states.Shutterstock The two plaintiffs are suing the Kroger Company on behalf of anyone who has bought a non-drowsy Kroger product in the U.S., Top Class Actions reported."They are suing under California consumer protection laws and for breach of warranty and unjust enrichment," the legal news site explained."The lawsuit is seeking certification of the class action, fees, costs, damages and a jury trial.
But Kroger is not the first company or retailer targeted with a lawsuit over this issue. According to Top Class Actions, Rite Aid, TopCare, and GlaxoSmithKline—the maker of Robitussin—were all hit with federal class action lawsuits on Feb. 16, alleging that they had also defied multiple state and federal consumer laws over the marketing of their cough, cold, and flu medications.
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