Tylenol & Mucinex Class Action Lawsuit: Tylenol Cold & Flu Severe and Mucinex Sinus Max Customers Filed a Class Action Lawsuit Against Kenvue, McNeil Consumer Healthcare and Reckitt Benckiser After Buying OTC Nasal Decongestants That Allegedly Lacked Efficacy.
Tylenol & Mucinex Phenylephrine Class Action Lawsuit
On October 3, 2023, a class action lawsuit complaint was reportedly filed against Kenvue Inc., McNeil Consumer Healthcare and Reckitt Benckiser LLC in the United States District Court for the Eastern District of New York (styled Chioma Ozuzu v. Kenvue Inc., McNeil Consumer Healthcare and Reckitt Benckiser LLC, Class Action Case No. 1:23-cv-07395) alleging, among other things, that Defendants misrepresented to consumers that certain over-the-counter (“OTC”) decongestant products (“PE Drugs”) containing the active ingredient phenylephrine, such as Tylenol Cold & Flu Severe and Mucinex Sinus Max, were effective and properly branded and that the PE Drugs were merchantable and fit for their ordinary uses (e.g., effectively treating nasal congestion).
According to the Mucinex Tylenol complaint, the Food and Drug Administration (“FDA”) has found that certain OTC decongestant products containing phenylephrine lack efficacy. The Plaintiff (who is a citizen of the State of New York residing in Kings County, New York) alleges that if putative class members had known that PE Drugs were not efficacious prior to their purchases of PE Drugs, they would not have purchased PE Drugs.
Who Is Included In The Proposed Tylenol & Mucinex Phenylephrine Class Action Lawsuit?
The Tylenol & Mucinex class action lawsuit is reportedly brought on behalf of and includes, unless otherwise excluded, the following putative class members:
All consumers who purchased Tylenol Cold & Flu, and/or Mucinex Sinus Max Congestion Products in the United States of America and its territories from September 13, 2018 to the present (the “Class” and/or “Class Members”) for personal use or consumption.
The proposed tylenol and mucinex lawsuit is also brought on behalf of a New York state subclass (i.e., those who purchased the products in the State of New York).
What Claims Are Alleged In The Tylenol & Mucinex Phenylephrine Class Action Lawsuit?
The Tylenol & Mucinex class action lawsuit complaint asserts the following alleged causes of action:
- First Cause of Action: Breach Of Express Warranties
- Second Cause of Action: Breach Of Implied Warranties
- Third Cause of Action: Magnuson-Moss Warranty Act, 15 U.S.C. § 2301
- Fourth Cause of Action: Fraud (Affirmative Mispresentation and Omission)
- Fifth Cause of Action: Negligent Mispresentation and Omission
- Sixth Cause of Action: Violation of State Consumer Protection Laws
- Seventh Cause of Action: Unjust Enrichment
- Eighth Cause of Action: Negligence
- Ninth Cause of Action: Negligence Per Se
What Remedy Is The Putative Class Seeking In The Tylenol & Mucinex Phenylephrine Class Action Lawsuit?
The plaintiff and the proposed class members in the Tylenol & Mucinex class action lawsuit allegedly seek, among other things, the following relief:
- An order certifying the case as a class action
- A declaration that Defendants are liable for the causes of action
- An order awarding injunctive relief
- Payment to Plaintiff and Class Members of all damages
- Punitive damages
- Restitution
- An award of attorneys’ fees, expert witness fees, and costs
- Statutory penalties
- Pre-judgment and post-judgment interest
According to the complaint, plaintiff and the class seek “the full amounts paid or reimbursed for the PE Drugs; the costs to replace or return PE Drugs; and/or the increases in the amounts paid for non-misbranded substitute products.”
I have both of those products in my home right now. Mucinex and Tylenol are mainly what we used.
I have both products in my home right now
Both please my name
My husband and I have used both of these products for years.