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.
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Kroger is facing a lawsuit over its cold and flu medications.
iStockKroger 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.
iStockThe 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.
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They claim the company is knowingly misleading shoppers.
ShutterstockThe 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.
ShutterstockThe 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."
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