In a recent legal development, U.S. District Judge Henry Edward Autrey from the Eastern District of Missouri has allowed a consumer claim to advance against CVS Pharmacy. The case centers on allegations that CVS falsely marketed certain over-the-counter cold and flu medications as “non-drowsy.” The plaintiff argues that these products did induce drowsiness, thus misleading consumers.
Judge Autrey determined that the plaintiff’s claim aligns with, rather than diverges from, federal requirements, thereby allowing the suit to proceed. The court’s decision emphasizes that the suit is anchored in holding CVS accountable for alleged false, deceptive, and misleading labeling practices, as outlined in Judge Autrey’s opinion on the matter.
More details on the case can be found here.