Federal judge allows most of complaint to advance
Target shoppers who consumed over-the-counter cold and flu medicine sold by Target Corp. have sued the company for falsely claiming that the medicine was “non-drowsy.” Although Target Corp. moved to dismiss the lawsuit, U.S. District Judge Patrick J. Schiltz ruled on Sept. 25 that Target must face most of the suit.
Target places its own brand label, “up & up,” on products such as diapers and mouthwash. It also produces medications, one of which is cold and flu medicine. The cold and flu medicine at issue has writing on the front that specified it was “non-drowsy” and for “daytime” use. It was sold alongside a product for cold and flu that was for nighttime use.
The three plaintiffs in the case are from California, Idaho and Illinois. Each of the plaintiffs went to Target and surveyed the medications offered for sale that help alleviate cold and flu symptoms. They each selected the product due to its statement on the label that it was a “non-drowsy” formulation. However, after consuming the medication, all of the plaintiffs became unexpectedly drowsy.
The plaintiffs sent Target a notice letter. After the plaintiffs did not receive a refund, they filed the lawsuit. Plaintiffs alleged that although the medication’s label said “non-drowsy” and “daytime,” these were false representations. The plaintiffs asserted claims for breach of contract, breach of express warranty, negligent and intentional misrepresentation, unjust...
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