CVS Faces Class Action Over False ‘Non Habit-Forming’ Claims in Acetaminophen PM Products
- A new class action lawsuit alleges that CVS misleads consumers about its Acetaminophen PM products.
- McIntire states that many users may not realize how quickly they can become dependent on diphenhydramine products.
- McIntire argues that CVS is trying to exploit consumers’ wish for sleep aids that do not lead to dependency.
CVS Class Action Lawsuit Overview
Table of Contents
- Who: Meghan McIntire has filed a class action lawsuit against CVS Pharmacy Inc.
- Why: McIntire claims that CVS falsely advertises its Acetaminophen PM products as “non habit-forming.” The products actually contain Diphenhydramine HCL, a sedative that can lead to tolerance and habitual use.
- Where: The lawsuit was filed in California federal court.
Details of the Lawsuit
A new class action lawsuit alleges that CVS misleads consumers about its Acetaminophen PM products. According to the plaintiff, these products are advertised as “non habit-forming,” but contain Diphenhydramine HCL. This substance can cause drowsiness and lead users to develop a tolerance, increasing the risk of habitual use.
McIntire states that many users may not realize how quickly they can become dependent on diphenhydramine products. She seeks to represent a nationwide group, a California class, and a multi-state consumer protection class of all buyers of CVS Acetaminophen PM products within the relevant time frame.
Consumer Concerns About Sleep Aids
McIntire argues that CVS is trying to exploit consumers’ wish for sleep aids that do not lead to dependency. The lawsuit claims that CVS has falsely marketed its Acetaminophen PM products in line with these consumer preferences.
The lawsuit accuses CVS of:
- Breach of express warranty
- Unjust enrichment
- Fraud
- Violating California’s Unfair Competition Law
- Violating California’s False Advertising Law
- Violating the Consumer Legal Remedies Act
The plaintiff demands a jury trial and seeks both declaratory and injunctive relief. She asks for compensatory, statutory, and punitive damages for herself and all class members.
Other Class Action against CVS
Recently, another class action lawsuit was filed against CVS, claiming the company sells “antibacterial” bandages that contain harmful chemicals, violating state and federal consumer laws.
Legal Representation
The plaintiff is represented by L. Timothy Fisher and Brittany S. Scott from Bursor & Fisher, P.A. The case is named McIntire, et al. v. CVS Pharmacy Inc., Case No. 3:24-cv-02129, in the U.S. District Court for the Southern District of California.
Have you purchased a CVS Acetaminophen PM product? Share your experience in the comments.