P&G Vicks PE class action lawsuit summary:
- Who: Mohammad Tlaib filed a class action lawsuit against Procter & Gamble.
- why: Tlaib alleges that P&G misleads consumers about the effectiveness of its over-the-counter Vicks brand oral nasal obstructor products.
- where: The class action lawsuit was filed in Illinois federal court.
The Procter & Gamble Company sells Vicks over-the-counter oral nasal obstructor products that contain active ingredients that interfere with their effectiveness, a new class action lawsuit alleges.
Plaintiff Mohammad Tlaib argues that P&G products, including Vicks Daykil Severe Cold and Flu and Vicks Nyquil Severe Cold and Influenza, contain phenylephrine hydrochloride (PE) as an active ingredient and that “as a nasal decongestant, it is a placebo.” It does not have the same effect.”
Traib also claims that P&G misleads consumers by labeling “MAX STRENGTH” on the front packaging of Vicks PE products, despite the Food and Drug Administration. Recently confirmed Phenylephrine hydrochloride is not an effective nasal decongestant.
“Procter & Gamble is building a powerful brand by prominently displaying the claimed strength of Vicks PE products in the only place every consumer will see when purchasing a product: the front of the package. “[P&G]takes advantage of consumer preferences to seek relief,” the P&G class action lawsuit states.
Tlaib seeks to represent a national class, a multi-state consumer protection class, and an Illinois subclass of consumers who purchased Vicks PE products.
P&G intentionally misleads consumers about the strength of Vicks PE products, says class action lawsuit
Mr. Tlaib alleged that P&G was aware that “higher doses of acetaminophen existed on the market,” and deliberately misled consumers about the strength of its Vicks PE products. It is claimed that
“Rather than being honest and transparent, P&G has intentionally made this representation of MAX STRENGTH in a false, misleading, and deceptive manner,” the P&G class action lawsuit states. .
Tlaib alleges that P&G is guilty of unjust enrichment and violating state consumer fraud laws. Illinois Consumer Fraud and Deceptive Business Practices Actand the Illinois Uniform False Trade Practices Act.
Plaintiffs demand a jury trial and seek declaratory and injunctive relief, as well as an award of compensatory, punitive, or statutory damages against themselves and the entire class.
In another case involving P&G, the company agreed in January to pay $8 million to end claims about its aerosolized products. Contains benzene, a carcinogen.
Over-the-counter oral nasal decongestants Have you purchased Vicks PE products? Let us know in the comments!
The plaintiffs are represented by Gary M. Klinger, Nick Stu III, Erin Reuben, J. Hunter Bryson, Karl Amarchenko, Jimmy Mintz of Milberg Coleman Bryson Phillips Grossman PLLC, and Jeff Mintz of Milberg Coleman Bryson Phillips Grossman PLLC. Ostrow, Jonathan M. Streisfeld, Kristen Lake Cardoso, Daniel Tropin of Kopelowitz Ostrow, Pennsylvania, and Melissa S. Weiner and Ryan J. Gott of Pearson Warshaw LLP.
of P&G Vicks PE class action lawsuit teeth Treib v. Procter & Gamble Co.Case No. 1:23-cv-13840 in the United States District Court for the Northern District of Illinois.
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