WEST PALM BEACH — A class action complaint was filed in Florida federal court alleging that Procter & Gamble and Publix Supermarkets knowingly marketed and sold ineffective products for nasal and sinus congestion relief.
Jay Valinsky claims the marketing and selling of ineffective products resulted in financial harm to consumers who relied on these products based on deceptive advertising, according to a complaint filed on Jan. 16 in U.S. District Court for the Southern District of Florida.
Valinsky alleges fraud, false marketing, false advertising, breach of contract, breach of warranty and breaches of state law consumer protection statutes regarding phenylephrine medicine products.
The products, including Vicks Dayquil and some Nyquil branded products, are marketed to combat sinus congestion but are alleged to be ineffective and no better than a placebo, according to the suit.
Valinsky claims that despite extensive marketing efforts and significant sales, the active ingredient phenylephrine in these products is ineffective at alleviating nasal and sinus congestion, as supported by studies published in scientific journals.
P&G and Publix continued to market and sell the products as effective treatments for congestion despite knowing or reasonably should have known about their ineffectiveness, according to the suit.
"To add insult to injury, Products marketed and sold by Defendants containing phenylephrine replaced other medicines containing a different active ingredient, pseudoephedrine, that were truly effective products for treating sinus and nasal congestion," the complaint states.
Valinsky claims this misconduct resulted in financial harm to consumers who purchased these products expecting relief from their symptoms.
Valinsky claims in his personal experience, he purchased and used the products, asserting that they provided no relief from nasal and sinus conditions.
Moreover, the lawsuit suggests that consumers were misled by the defendants' marketing efforts, which positioned these products as effective remedies for congestion, according to the suit.
Valinsky claims the defendants replaced previous medications containing pseudoephedrine, which were effective for treating congestion, with phenylephrine products due to legal restrictions on pseudoephedrine.
"Despite knowing that products containing phenylephrine are ineffective for the treatment of sinus and nasal congestion, Publix marketed and sold to consumers in Florida and throughout the United States PG family of Products as effective for treating and relieving nasal and sinus congestion," the complaint states. "To get relief from the pain and discomfort from nasal and sinus congestion, consumers like the Plaintiff take sinus medicines that are marketed and advertised as helping to relieve congestion, such as the Products."
However, the plaintiff argues that phenylephrine was chosen despite evidence of its ineffectiveness, driven by profit motives rather than consumer well-being, according to the suit.
Valinsky seeks various forms of relief, including class action status, injunctions to prevent the sale and false advertising of the products, corrective advertising campaigns, damages to compensate consumers, restitution of funds acquired through unlawful practices and attorneys' fees and costs.
Valinsky also seeks legal remedies to address the alleged wrongdoings and provide compensation to affected consumers. Valinsky is represented by David P. Milian of the Milian Legal Group in Miami.
Milian declined to comment on the class action lawsuit, noting his firm does not comment on pending litigation.
U.S. District Court for the Southern District of Florida case number: 9:24-cv-80046