Bloomberg Law
May 25, 2023, 5:49 PM

‘Non-Drowsy’ Alka-Seltzer Deception Suit Advances Against Bayer

Julie Steinberg
Julie Steinberg

Consumers who say a Bayer AG unit deceptively marketed “non-drowsy” Alka-Seltzer got the green light for most claims in their proposed class suit.

Federal regulations governing cold and cough medicine labels don’t preempt the claims, the US District Court for the District of New Jersey said on Wednesday, partially denying the company’s motion to dismiss the suit. It’s a break from other federal courts, which have dismissed “non-drowsy” deception claims as barred by regulations.

Maureen Carrigan and others alleged the “non-drowsy” representation is misleading because the medicines contain Dextromethorphan Hydrobromide (DXM), an ingredient known to cause sleepiness. The plaintiffs raised ...

Learn more about Bloomberg Law or Log In to keep reading:

Learn About Bloomberg Law

AI-powered legal analytics, workflow tools and premium legal & business news.

Already a subscriber?

Log in to keep reading or access research tools.