If you purchased certain Robitussin products between February 16, 2016, and August 9, 2024, you may be eligible to claim between $1.50 and $4.75 from a class action settlement.
GlaxoSmithKline has agreed to pay $4,500,000 to settle a class action lawsuit for allegedly deceptively marketing certain Robitussin products as 'Non-Drowsy' despite containing dextromethorphan (DXM), an ingredient that can cause drowsiness.
Who can submit a claim?
To be part of the settlement, you must have purchased any flavor of Robitussin product that includes dextromethorphan and was marketed as 'Non-Drowsy' for personal or household use, and not for resale, in the United States between February 16, 2016, and August 9, 2024.
Included Robitussin products
- Robitussin Cough+Chest Congestion DM Maximum Strength Syrups
- Robitussin Cough+Chest Congestion DM Maximum Strength / Nighttime Cough DM Maximum Strength Day & Night Value Pack Syrups
- Robitussin Cough+Chest Congestion DM Maximum Strength Liquid-Filled Capsules
- Robitussin Cough+Chest Congestion DM Syrups
- Children’s Robitussin Cough & Chest Congestion DM Syrups
- Children’s Robitussin Cough & Chest Congestion DM / Nighttime Cough Long-Acting DM Day & Night Value Pack Syrups
- Robitussin Sugar-Free Cough+Chest Congestion DM Syrups
- Robitussin Honey Cough+Chest Congestion DM Maximum Strength Syrups
- Robitussin Honey Cough+Chest Congestion DM Maximum Strength / Nighttime Cough DM Maximum Strength Day & Night Value Pack Syrups
- Robitussin Elderberry Cough+Chest Congestion DM Maximum Strength Syrups
- Children’s Robitussin Elderberry Cough & Chest Congestion DM Syrups
- Robitussin Severe Multi-Symptom Cough Cold + Flu CF Maximum Strength Syrups
- Robitussin Severe Multi-Symptom Cough Cold + Flu CF Maximum Strength / Nighttime Severe Multi-Symptom Cough Cold + Flu CF Maximum Strength Day & Night Value Pack Syrups
- Robitussin Severe Cough + Sore Throat CF Maximum Strength Syrups
- Robitussin Honey Severe Cough Flu + Sore Throat CF Maximum Strength Syrups
- Robitussin Honey Severe Cough Flu + Sore Throat CF Maximum Strength / Nighttime Severe Cough Flu + Sore Throat CF Maximum Strength Day & Night Value Pack Syrups
- Robitussin Multi-Symptom Cold CF Syrups
- Children’s Robitussin Cough & Cold CF Syrups
- Robitussin Long-Acting CoughGels
- Robitussin 12 Hour Cough Relief Extended-Release Grape Syrups
- Robitussin 12 Hour Cough Relief Extended-Release Orange Syrups
How much can class members get?
It is estimated that the payment amount may be between $1.50 and $4.75 per claim, depending on the number of claims received. The final payment amount will be determined once all claims are processed as the settlement fund will be distributed on a pro rata basis among eligible claimants.
- Without Proof of Purchase: One claim per household.
- With Proof of Purchase: Up to three claims per household.
Is proof required to submit a claim?
Proof is required if you are submitting more than one claim per household. Acceptable proof includes receipts or any other reliable documentation demonstrating that you purchased a covered product.
Claims without proof are limited to one per household.
- Without Proof of Purchase: One claim per household.
- With Proof of Purchase: Up to three claims per household.
How to claim an award
To claim an award, you must complete and submit a claim form. You can file a claim online when the official settlement websites goes live, which will be hosted at https://www.nondrowsyrobitussinsettlement.com
The completed claim form must be submitted online or postmarked by August 9, 2024.
$4,500,000 Settlement Fund
The settlement fund of $4,500,000 will cover:
- Monetary benefits to eligible settlement class members
- Reasonable settlement administration expenses, not to exceed $550,000
- Attorneys’ fees and expenses, not to exceed one-third of the gross settlement fund ($1,500,000)
- Class representative service awards of $2,000 each for Nancy Calchi and Stacey Papalia
Important dates
- Deadline to File a Claim: August 9, 2024
- Final Approval Hearing: August 9, 2024
When is the Robitussin Non-Drowsy payout date?
Settlement payments will be made after the court grants final approval and any appeals are resolved in favor of upholding the settlement.
Why is there a class action settlement?
This settlement resolves claims that GlaxoSmithKline deceptively marketed, advertised, labeled, and sold certain Robitussin products as 'Non-Drowsy' despite containing dextromethorphan (DXM), which can cause drowsiness. GlaxoSmithKline denies these allegations but has agreed to settle to avoid the risk, cost, and time of further litigation.
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