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In recent news, several high-profile companies, including Johnson & Johnson’s former consumer business, Procter & Gamble and Walgreens, have faced lawsuits claims over allegedly misleading consumers about the efficacy of oral cold medicines containing an ingredient known as phenylephrine. Our law firm expects large cash settlements from claims being filed, over misleading the public.
What is Phenylephrine?
Phenylephrine is a Alpha-1-Agonist Drug Class, a common decongestant ingredient used in many over-the-counter (OTC) cold and flu medicines. The compound is designed to reduce the swelling of blood vessels in the nasal passages, thereby relieving congestion.
FDA Panel’s Ruling on Phenylephrine
The Food and Drug Administration (FDA) advisory panel has unanimously declared phenylephrine ineffective as a decongestant in oral form. This decision was based on the panel’s review of several studies.
The findings suggest that the drug is essentially no better than a placebo, implying that consumers who buy and use these products are not receiving the advertised benefits.
Financial Impact of Phenylephrine
Phenylephrine is included in over 242 products, which generated approximately $1.76 billion in sales in 2022 in the United States alone. This accounts for about four-fifths of the total market for oral decongestants.
Phenylephrine Lawsuits Claims & Settlements Starting
Several proposed class-action lawsuits were filed in response to the FDA panel’s ruling. The first lawsuit, filed in a Pensacola, Florida federal court, accused Johnson & Johnson Consumer and Procter & Gamble of misleading consumers about the efficacy of products containing phenylephrine since 2018.
The plaintiff, Steve Audelo, a Florida resident, claimed he purchased Johnson & Johnson’s Sudafed PE and Benadryl Allergy Plus, and Procter & Gamble’s Vicks NyQuil based on the companies’ claims that the products were effective. Claimants are expecting large cash settlements from claims being filed.
People who purchased these over-the-counter products containing phenylephrine have been mislead, through the company’s false marketing claims, that these were more effective medications and may have spent hundreds of dollars on oral treatments that ultimately don’t work.
If you were among the hundreds of thousands of consumers who purchased certain brands of oral allergy, decongestant or cough and cold products containing phenylephrine may be eligible for cash compensation from any settlements that may occur.
Contact the defective drug attorneys at the Schmidt National Law Group today at either the 100% secure intake form on this page, or call directly at 1-800-631-5656 today. We’ve had a winning track record of holding Big Pharma accountable over the years.
Other Companies and Brands Involved
Additional lawsuits were filed against GSK, which produces TheraFlu; Reckitt Benckiser, the manufacturer of Mucinex Sinus Max; and Walgreens, which produces generic decongestants.
It’s highly possible that some of these “Big Pharma” companies have known about the ineffectiveness of phenylephrine as early as 2007 but continued to mislead the public via deceptive marketing practices and advertising claims.
List of common over-the-counter products that contain phenylephrine:
- Alka-Seltzer Plus Severe Allergy
- Alka-Seltzer Plus Cold
- Alka-Seltzer Plus Multi-Symptom
- Benadryl Allergy Plus Congestion
- Comtrex
- Delsym Multi-Symptom
- Neocitran
- Norel AD
- Mucinex Sinus Max
- Mucinex Fast-Max
- Mucinex Free from Cold & Flu
- Mucinex Nightshift
- Mucinex Nightshift Sinus
- Robitussin Multi-Symptom
- Sudafed PE
- Theraflu Severe Cold & Cough
- Tylenol Sinus
- Tylenol Cough and Cold
- Tylenol Cold and Flu
- Tylenol Cold Multi-Symptom
- Vicks Nyquil
- Vicks DayQuil
- Vicks QlearQuil
- Vicks Sinex
The Role of Kenvue and Johnson & Johnson
Johnson & Johnson’s consumer business was renamed Kenvue after a May 3 initial public offering. Kenvue also produces Tylenol Cold & Flu, which includes phenylephrine among its ingredients. The company has also been named as a defendant in one of the lawsuits.
Will Phenylephrine be Taken off the Shelves?
The FDA generally follows, but does not always adopt, its advisory panels’ recommendations. As such, the agency has announced that it will seek public opinion before deciding whether products containing phenylephrine should be removed from store shelves.
The Impact on Consumers? Being Mislead
If the FDA decides to ban phenylephrine, this could significantly disrupt the market for cold medicines. Many popular cold and flu remedies might become unavailable as companies race to reformulate them. This could potentially lead to widespread use of an alternative decongestant, pseudoephedrine, sales of which are currently restricted due to its use in illicit meth labs.
Conclusion: a Need for Transparency in Big Pharma
The controversy surrounding phenylephrine raises important questions about the transparency and accountability of pharmaceutical companies. Time and time again, we have seen Big Pharma put profits over people. As consumers, it is crucial to stay informed about the efficacy and safety of the products we use. As the lawsuits unfold and the FDA makes its final decision, the future of phenylephrine as a decongestant remains uncertain.
Sources:
Phenylephrine Decongestant Lawsuit Claims & Settlements Page Updated on September 27, 2023.