‘Non-Drowsy’ Cold Medicine Case Not Preempted, Ill. Federal Judge Rules

CHICAGO — An Illinois federal judge has refused to dismiss a proposed class action filed by a woman who alleges that a “non-drowsy” cold medicine made her sleepy, ruling that the claims are not preempted because the manufacturer added the “non-drowsy” claim to the drug’s label.

In a Sept. 30 order, Judge Steven Seeger of the U.S. District Court for the Northern District of Illinois explained that under 7th Circuit law, “while states may not require sellers to add further labeling that is not required by federal law, they may prevent sellers from voluntarily adding deceptive content that is …