‘Non-Drowsy’ Cold Medicine Lawsuit Against CVS Survives Preemption Challenge

ST. LOUIS — A federal judge has ruled that a Missouri woman may proceed with her proposed class action alleging that CVS Pharmacy’s “non-drowsy” cold and flu medicines cause drowsiness, ruling that the claims are not preempted by federal law.

On Nov. 20, Judge Henry Edward Autrey of the U.S. District Court for the Eastern District of Missouri explained that the plaintiff’s state law claims run parallel to the Food Drug and Cosmetic Act's requirements, and that she adequately alleged that the ingredients in the drugs cause drowsiness.

Amy Newport alleges that CVS Pharmacy Inc. and CVS Health Corp. …