CVS class action lawsuit summary:
- Who: Plaintiff Kathy Kleiman filed a class action lawsuit against CVS Health Corp.
- why: Plaintiffs allege that CVS sold phenylephrine sinusitis medication that was ineffective.
- where: The CVS phenylephrine class action lawsuit was filed in federal court in South Carolina.
CVS is facing a class action lawsuit alleging that the phenylephrine drug sold in its stores under the CVS Health label is ineffective.
CVS phenylephrine class action lawsuit follows committee advising U.S. Food and Drug Administration (FDA) Decided Oral phenylephrine is not effective in relieving nasal congestion.
The committee’s recommendations will then be sent to the FDA, which may begin the process of removing oral phenylephrine from the list of drugs it recommends as safe and effective.
In 2022, 242 million packages or bottles of phenylephrine products were sold in the United States, with sales reaching $1.76 billion, according to the CVS class action lawsuit filed by plaintiff Kathy Kleiman.
“Defendants have a history of deceiving customers through deceptive pharmaceutical sales and marketing practices,” the CVS class action lawsuit states. “In 2015, similar drugs were noted to be ineffective. Instead of telling the truth, the defendants chose to continue promoting the drug as effective.”
Phenylephrine gained popularity as pseudoephedrine retreated from pharmacy numbers due to its use in stimulants, according to the lawsuit.
According to the CVS phenylephrine class action lawsuit, phenylephrine drugs became popular in the early 2000s when they were moved behind the pharmacy counter because pseudoephedrine drugs were used in the manufacture of methamphetamine.
However, while phenylephrine drugs have been ineffective for 15 years, consumers now have to choose between waiting in line at the pharmacy to obtain pseudoephedrine-based products or purchasing phenylephrine-based products from store shelves. It remained popular because there was no such thing.
“Many consumers, including Plaintiffs, chose phenylephrine-based products, as they do when they are sick,” the CVS class action lawsuit states. “Consumers chose these drugs specifically because they were advertised as safe and effective and were readily available.”
Have you ever purchased cold or cough medicine from CVS that contains phenylephrine? Let us know in the comments.
The plaintiffs are represented by Roy T. Willey IV, Paul J. Doolittle and Blake G. Abbott of Poulin Willey Anastopoulo LLC.
of CVS class action lawsuit teeth Clayman v. CVS Health CorporationCase No. 2:23-cv-04727-RMG, in the United States District Court for the District of Charleston, South Carolina.
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