If you purchased a Target-brand cough and cold medicine or nasal decongestant containing phenylephrine, you may be eligible for a claim.

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What’s Going On?

On September 11-12, 2023, the FDA held a Non-prescription Drug Advisory Committee meeting to discuss the effectiveness of oral phenylephrine, a common ingredient in cold medicines and nasal decongestants such as Sudafed, Dayquil, and similar private label products sold by drug stores.

The Committee concluded that “the current scientific data do not support that the recommended dosage of orally administered phenylephrine is effective as a nasal decongestant.” Despite this conclusion, retail stores continue to sell these drugs and present them to consumers as effective. Decongestants and cold medicines containing this ineffective compound racked up sales of almost $1.8 billion last year.

NBC News reports that the impact is expected to be significant, because consumers prefer pill and liquid-based cough medicines over nasal sprays.

Am I Affected?

If you purchased Target-brand cold medicines and nasal decongestants that contain phenylephrine, you may have a claim for violation of consumer protection and false advertising laws against Target.  The potential relief available for recovery for this kind of claim includes a refund of amounts paid and statutory damages up to $550 per violation.

Decongestant medicines stocked behind the pharmacy counter containing a different compound, pseudoephedrine, are not affected.

Why Does Target Sell Nasal Decongestants with Phenylephrine?

In 2006, the FDA started requiring medicines containing pseudoephedrine to be sold behind the pharmacy counter. State and local laws also limit the sale of pseudoephedrine because it can be used to make illegal methamphetamine (“meth”). As a result of restrictions relating to pseudoephedrine (the original Sudafed), drug manufacturers and retailers began selling medicines that contained phenylephrine in over-the-counter (OTC) products.

Am I Eligible to Submit a Claim?

If you purchased Target-brand cold medicines or nasal decongestants that contain phenylephrine, you may have a claim for violation of consumer protection and false advertising laws against Target.

What is this Case About?

Together with consumer-rights law firm Janove PLLC, we are representing Target customers for consumer protection, false advertising law, and other legal violations resulting from the sale of products presented as effective decongestants. False advertising refers to the act of promoting a product, service, or business using deceptive or misleading information in order to deceive consumers. It involves making false claims or exaggerating the qualities or benefits of a product or service with the intention of enticing people to make a purchase or take some other desired action. Relevant examples for this case include:

• False Claims: This involves making statements about a product or service that are factually incorrect. For example, claiming that a dietary supplement can cure a specific illness when it cannot.
• Misleading Information: Providing information that, while technically true, is presented in a way that leads consumers to make incorrect assumptions. For example, advertising a product as “50% off” when the original price was artificially inflated.
• Omission of Material Information: Sometimes, false advertising occurs when important information is omitted. This can include not disclosing potential side effects of a medication or hiding fees associated with a service.

Here, Target failed to inform consumers that medicines containing phenylephrine at the recommended dosage are not actually effective in relieving nasal congestion, which is the primary reason people purchase these drugs.

What Should I do Next?

1. Take action – see if you qualify for compensation
2. Provide basic details to ZR for review
3. If your claim qualifies, ZR will submit your claim for compensation and keep you updated on next steps

What fees or costs does ZR charge?

You will not be responsible for any fees or costs unless we obtain compensation for you. The firm will advance any costs to submit and resolve your claim, including any arbitration fees.

Ultimately, should you choose to settle your case, our firm would be entitled to a contingency fee based on the value of your settlement. The choice to accept a monetary settlement is yours and yours alone.

More questions?

If you still have questions, please let us know using this Contact Form and an experienced attorney or team member will be in touch with you shortly.

Janove PLLC