Procter & Gamble Faces Class Action Lawsuit for Alleged False Advertising of Decongestant
Procter & Gamble is confronting a class action false advertising lawsuit, with Escambia County resident Cody Morgan leading the charge. Morgan asserts that the company has been falsely marketing its over-the-counter cold remedies as effective treatments for cold symptoms, despite the U.S. Food and Drug Administration’s (FDA) determination that the active ingredient is ineffective.
Allegations and Legal Basis: Morgan, the plaintiff, has filed the lawsuit in the U.S. District Court for the Northern District of Florida, citing violations of Florida’s Deceptive and Unfair Trade Practices Act and unjust enrichment. He specifically mentions the purchase of Vick’s DayQuil, manufactured and marketed by Procter & Gamble, claiming that the product did not live up to its marketed effectiveness in treating congestion.
Active Ingredient Controversy: The lawsuit highlights that the primary active ingredient in the defendant’s products is phenylephrine hydrochloride (PE), challenging its efficacy as a nasal decongestant when administered orally. While pseudoephedrine, proven effective, is found in some over-the-counter cold and cough medicines, Procter & Gamble products lack this ingredient due to its association with illegal methamphetamine production.
FDA Findings and Misleading Claims: The FDA, although previously designating PE as “generally recognized as safe and effective,” issued a report in 2007 detailing its ineffectiveness in oral form. In a recent reevaluation on Sept. 11, 2023, the FDA concluded that scientific data does not support PE as an ingredient in cough and cold medicines. Morgan argues that Procter & Gamble should have been aware of these findings, making their claims of product effectiveness misleading and false.
Legal Demands: Morgan is seeking a jury trial to pursue damages for himself and the proposed class action, including court costs, attorney fees, and any relief the court deems appropriate. Additionally, he seeks an injunction against the deceptive advertising and sale of the products.
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News Source: Florida Record