Cold Medicine Lawsuits

by Susan Willets on July 11, 2008

Walgreen’s Sued over Child’s Death

A month after the FDA changed labeling guidelines for cough and cold medications for children and a voluntary recall of those products occurred, the mother of a boy who died after taking cold medication filed a lawsuit against Walgreens and McNeill PPC, Inc., the parent company of Tylenol.

The baby, son of Dimitria Alvarez of Illinois, was four months old. He died after taking Infant Tylenol Cold Decongestant Plus Cough and Walgreen-brand Pediatric Drops-Cough Plus Cold, according to the mother. The commonality between these two drugs is that they contain dextromethorphan, which is found in many cough and cold medications, including many of those recalled.

Cold Remedy Airborne Settles Lawsuit

The makers of Airborne, a popular natural cold remedy, have agreed to refund money to consumers as part of a $23.3 million settlement of a class-action lawsuit for false advertising. The company doesn’t claim any wrongdoing or illegal conduct. Airborne contains vitamins A, C and E, magnesium, zinc, selenium, herbs and other ingredients.

The product became popular after its founder, a school teacher, appeared on Oprah. Ads for Airborne initially touted that its products could prevent and treat colds. In February, 2006, however, an ABC News report questioned the validity of a clinical trial that Airborne used as proof that the products worked. Shortly after, the false advertising lawsuit was filed.

Note: The cases cited in this article are composites of actual cases obtained from publicly available records. This article is for information purposes only and is not intended to provide legal advice. For legal advice, please consult an attorney experienced in the appropriate area of law. If you need help finding an attorney, please use the form at the upper right to contact us for a referral.

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