Photo: Diego M. Radzinschi/ALMConsumer Cleared to Proceed With Claims Against CVS 'Non-Drowsy' Medication, Judge Says
"The court finds that plaintiff is not seeking to impose a requirement that is different from the federal requirements, but rather, her claim is parallel to federal law because she is seeking to hold CVS accountable for labeling that she alleges is false, deceptive, and misleading," U.S. District Judge Henry Edward Autrey for the Eastern District of Missouri wrote in a suit over CVS "non-drowsy" cold and flu medicine.
November 26, 2024 at 01:11 PM
4 minute read
A breach of warranty lawsuit is moving forward against CVS Pharmacy after a federal judge in Missouri sided with a plaintiff who claims the company misrepresented certain over-the-counter cough and flu medicines as nondrowsy when they did cause drowsiness.
In a Nov. 20 opinion, U.S. District Judge Henry Edward Autrey of the Eastern District of Missouri denied CVS Pharmacy's attempts to dismiss Amy Newport's suit accusing the company of misleading consumers into believing that some of its over-the-counter cough and flu medicines are "non-drowsy" formulas. In Newport v. CVS Pharmacy, the court concluded that Newport's state law claims weren't preempted by federal law, as they are parallel to the Food Drug and Cosmetic Act's requirements. Autrey further held that Newport sufficiently alleged that the ingredients in the drugs cause drowsiness, and that her complaint stated a claim under the Missouri Merchandising Practices Act.
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