MIAMI — A Florida man has filed a class action against Procter & Gamble and others alleging they fraudulently market and sell phenylephrine as an effective decongestant.
Hector Valdes, on behalf of himself and all others similarly situated, filed a complaint Oct. 13 in federal court against McNeil Consumer Healthcare, Procter & Gamble Company, GlaxoSmithKline Inc. and Kenvue Inc. alleging breach of implied warranty of merchantability and other claims.
Valdes, according to his complaint, purchased Tylenol Sinus + Headache, NyQuil Severe Cold & Flu, DayQuil Cold & Flu and Theraflu ExpressMax Sever Cold & Cough for decongestant relief in early 2023. He claims the defendants sell the products, which all contain phenylephrine, as being effective for decongestion, when they have long known phenylephrine taken orally is ineffective.
Valdes alleges scientific studies show phenylephrine provides no relief for congestion and is "no better than a placebo, like a sugar pill" when taken orally. He further alleges the defendants frauduently continue to market the products as decongestants and sell them at a premium price which harms consumers.
Valdes and the class seek monetary relief, interest and all other just relief. They are represented by David Buckner, Seth Miles and Brett von Borke of Buckner + Miles in Coral Gables and Kevin Love of Criden & Love in South Miami.
U.S. District Court for the Southern District of Florida Miami Division case number 1:23-CV-23939