Millions of people shop at a Kroger store daily, but the grocery company has repeatedly found itself in hot water over the past few weeks. In early March, Kroger was sued by an environmental organization that claimed the grocer was selling products with substantial amounts of lead. Later in the month, there were strikes authorized for workers in several states. Now, Kroger has been hit with another new lawsuit from shoppers over certain products. Read on to find out what the grocery chain is facing backlash for selling.
RELATED: Kroger Is Pulling This Popular Product From Shelves, Effective Immediately.
Kroger is facing a lawsuit over its cold and flu medications.
Kroger has been sued by two shoppers over some of its cold and flu medications, Top Class Actions reported on March 31. According to the legal news outlet, the two plaintiffs, April Davis and Mahmoud Dawood, filed a class action lawsuit against the Kroger Company on March 29 in a California federal court, alleging that the grocer had violated both state and federal consumer laws.
The lawsuit claims that the chain is selling cold and flu meds that are marked as "non-drowsy" but actually cause drowsiness. Best Life has reached out to Kroger for comment on the allegations but has not yet heard back.
The consumers say Kroger's medications include an ingredient that causes drowsiness.
The basis of the shoppers' lawsuit is that Kroger-branded "Non-Drowsy" over-the-counter cold and flu medications contain the ingredient dextromethorphan hydrobromide (DM HBr). In the lawsuit, the plaintiffs say that various medical authorities in the country recognize that DM HBr has the potential to cause drowsiness. According to the U.S. National Library of Medicine, drowsiness is listed as a side effect of dextromethorphan.
"While the average consumer may not be aware, drowsiness is a documented side effect of DM HBr at the recommended dosages," the lawsuit states.
RELATED: For more retail news delivered straight to your inbox, sign up for our daily newsletter.
They claim the company is knowingly misleading shoppers.
The lawsuit claims that Kroger is knowingly misleading customers by prominently labeling cold and flu products with DM HBr as "Non-Drowsy" or "Daytime" on the front of the packaging. Both plaintiffs say that when they took these medications as directed, they allegedly became "unexpectedly drowsy."
"By prominently labeling the products as 'Non-Drowsy' and 'Daytime,' Defendant led Plaintiffs and other consumers to believe that the Non-Drowsy Products do not cause drowsiness, and that drowsiness is not a side effect of the products," the class action lawsuit states.
Kroger is not the only retailer who has been sued recently over non-drowsy medications.
The two plaintiffs are suing the Kroger Company on behalf of anyone who has bought a non-drowsy Kroger product in the U.S., Top Class Actions reported. "They are suing under California consumer protection laws and for breach of warranty and unjust enrichment," the legal news site explained. "The lawsuit is seeking certification of the class action, fees, costs, damages and a jury trial."
But Kroger is not the first company or retailer targeted with a lawsuit over this issue. According to Top Class Actions, Rite Aid, TopCare, and GlaxoSmithKline—the maker of Robitussin—were all hit with federal class action lawsuits on Feb. 16, alleging that they had also defied multiple state and federal consumer laws over the marketing of their cough, cold, and flu medications. As in the Kroger lawsuit, all three claims allege that the companies are selling medications that make consumers drowsy as "non-drowsy."
RELATED: Dollar Tree Is Under Fire for Having This in Stores, New Report Says.
Kali Coleman Kali Coleman is a Senior Editor at Best Life. Her primary focus is covering news, where she often keeps readers informed on the ongoing COVID-19 pandemic and up-to-date on the latest retail closures.Read moreFiled UnderMedicine • News • Retail • ShoppingRead This NextKroger Is Under Fire for Selling This
One organization is alleging that the grocery chain has put customers' health at risk.March 8, 2022Kroger Is Pulling This Product From Shelves
The grocery chain is getting rid of this item in all of its stores.March 2, 2022Kroger Is Pulling This Product From Shelves
This popular product is being pulled from Kroger shelves due to potential contamination.March 19, 2022The Smart Man's Guide to Spotting Counterfeit Wine
That $2,000 bottle of Bourdeaux might be worth $20. Here’s how to be sure it’s the real thing.April 13, 2017The 5 Best Light-Bodied Red Wines for Extending Your Summer
Don't let September ruin a killer party. August 25, 201717 Insanely Cool New Luxury Bicycles for Spring
Meet the bikes that cost more than a car.March 31, 2017Best Life Essentials
You deserve the best. Live life to the fullest with these ultimate essentials.October 21, 2016This Is the Safest Way to Store Meat
Don't let that filet set you up for food poisoning. February 7, 2018Here Are the 10 Wealthiest Cryptocurrency Millionaires Under 40
Including one guy who is only 24 years-old!February 7, 2018This Is the Safest Way to Clean Your Floors
Keep your floors clean and looking brand new with this easy tip. February 8, 2018
