Robitussin maker settles lawsuit in US over 'non-drowsy' claim
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[July 23, 2024]
By Jonathan Stempel
NEW YORK (Reuters) - The maker of Robitussin settled a consumer lawsuit
that claimed its "non-drowsy" cough and flu medicine causes drowsiness,
agreeing to pay $4.5 million and remove the "non-drowsy" claim from its
packaging and marketing.
A preliminary settlement with Haleon, which was spun off by GSK in July
2022, was filed on Monday in the White Plains, New York, federal court
and requires a judge's approval. Haleon denied wrongdoing in agreeing to
settle.
Consumers in the proposed class action claimed that GSK and later Haleon
misled them by labeling at least 16 Robitussin products that contain the
active ingredient dextromethorphan hydrobromide as non-drowsy.
They cited medical research and a 2017 GSK presentation for their claim,
and said the Federal Aviation Administration forbids pilots from flying
after taking medicine containing the ingredient.
The named plaintiffs, Nancy Calchi of Bloomingburg, New York, and Stacey
Papalia of Ossining, New York, said they would not have bought
Robitussin products in reliance on the "non-drowsy" claim had they known
the truth.
Haleon did not immediately respond to requests for comment. Lawyers for
the consumers did not immediately respond to similar requests.
The settlement covers Robitussin purchasers from Feb. 16, 2016 to the
present.
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Robitussin products, which are a Pfizer brand, are pictured at a
Walgreens store in Pasadena, California, U.S. January 31, 2017.
REUTERS/Mario Anzuoni/File Photo
 Payouts may total $1.50 to $4.75 per
claim, depending on the number of claims. As much as $2.05 million,
or 46% of the settlement, could go toward legal fees and settlement
expenses.
A trial judge dismissed the lawsuit in March 2023, prompting an
appeal by the consumers. The appeal was put on hold while the
parties negotiated a settlement, court papers show.
The cases are Calchi v GlaxoSmithKline Consumer Healthcare Holdings
(US) LLC et al, U.S. District Court, Southern District of New York,
No. 22-01341; and Papalia v GlaxoSmithKline Consumer Healthcare
Holdings (US) LLC in the same court, No. 22-02630.
(Reporting by Jonathan Stempel in New York; Editing by Aurora Ellis)
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