Procter & Gamble (P&G) is facing a class-action lawsuit filed by Mohamad Tlaib, who claims that the company is misleading consumers about the effectiveness of its over-the-counter Vicks brand oral nasal decongestant products. Tlaib argues that these products contain an active ingredient, phenylephrine hydrochloride (PE), that renders them “no more effective as a nasal decongestant than a placebo.”
The class-action lawsuit was filed in Illinois federal court and seeks to represent a nationwide class, multistate consumer protection class, and an Illinois subclass of consumers who purchased the Vicks PE products. Tlaib alleges that P&G misleads consumers by labeling the front packaging of these products as “MAX STRENGTH” despite the Food and Drug Administration recently confirming that phenylephrine hydrochloride is not an effective nasal decongestant.
Tlaib claims that P&G knowingly misleads consumers about the strength of its Vicks PE products, as the company is allegedly aware of the existence of higher doses of acetaminophen on the market. The lawsuit accuses P&G of unjust enrichment and violating state consumer fraud acts, including the Illinois Consumer Fraud and Deceptive Business Practices Act and the Illinois Uniform Deceptive Trade Practices Act.
The plaintiff is seeking a jury trial and requesting declaratory and injunctive relief, compensatory damages, and punitive or statutory damages for himself and all class members. In a separate case involving P&G, the company agreed to pay $8 million in January to settle claims that its aerosolized products contain the cancer-causing chemical benzene.
Consumers who have purchased Vicks PE products are encouraged to share their experiences in the comments section of the article. The class-action lawsuit is being represented by several law firms, including Milberg Coleman Bryson Phillips Grossman, PLLC; Kopelowitz Ostrow P.A., and Pearson Warshaw, LLP.
The P&G Vicks PE class-action lawsuit (Tlaib v. Procter & Gamble Co.) is currently ongoing in the U.S. District Court for the Northern District of Illinois. This case highlights the importance of transparency and accuracy in product labeling, ensuring that consumers can make informed decisions about their healthcare purchases.