CVS is at the center of a misleading advertisement lawsuit. The class-action suit was filed by plaintiff Toni Larusso and accuses CVS Health Corporation and CVS Pharmacy of misleading consumers by labeling its CVS brand cough medicine as “non-drowsy” despite Larusso’s claims that the cough medicine includes active ingredients which cause drowsiness.

The lawsuit was brought forward after Larusso took the CVS brand medicine that touted it as a non-drowsy medication. However, shortly after taking it, she became drowsy.

The complaint takes issue with the active ingredient Dextromethorphan Hydrobromide (DXM). The complaint explains that the CVS defendants “make, sell, and market ‘CVS Health’ over-the-counter cough medicine, including generic CVS versions of brands like Robitussin, DayQuil, and Tylenol. Like the branded versions, many of these medicines contain the active ingredient.”

Larusso details that because this ingredient is in the CVS branded cough medicine, then the product is one that can bring on drowsiness because it contains a drowsy-inducing active ingredient. By labeling the medicine as “non-drowsy” on the packaging, consumers are misled in their purchases. “The truth is that products containing DXM—and thus the Non-Drowsy CVS Products—do cause drowsiness and that drowsiness is a common side effect of DXM,” the suit contends.

Because of this material misrepresentation, consumers purchased these products with a belief that they would not cause drowsiness. For many consumers, purchasing a non-drowsy medication versus a medication that could cause drowsiness is important because it would allow them to continue activities like working or driving without the fear of getting drowsy and losing focus.

The complaint explains that if the cough medicines were not advertised as “non-drowsy,” then consumers would not have purchased them or would have paid less for them because generic and store-brand versions are often much cheaper than name-brand versions.

The lawsuit also points out that the term “non-drowsy” should be used when referencing other drugs including antihistamines because these types of drugs do not make people drowsy. The complaint explains, “DXM is an active ingredient in Mucinex DM, sold by Reckitt. But the Mucinex label does not claim that Mucinex DM is non-drowsy.” Larusso’s complaint asserts that because other brands adhere to this standard of avoiding the term “non-drowsy” when the active ingredient DMX is used in a product, CVS should have either omitted using the term non-drowsy or detailing that it would cause less drowsiness than other products.

As part of the lawsuit, Larusso is seeking class certification, judgment in the plaintiff and putative class’s favor, an award for damages, restitution, disgorgement and other equitable relief, pre and post-judgment interest, an injunction, an award for costs and fees, and other relief.