Walgreen’s Not Shielded from ‘Non-Drowsy’ Labeling Claims, Wash. High Court Rules

OLYMPIA, Wash. — The Washington Supreme Court has ruled that the statutory safe harbor provision under the Washington Consumer Protection Act does not shield Walgreen’s from claims that it mislabeled as “non-drowsy” its over-the-counter cough medicine containing dextromethorphan hydrobromide (DXM).

In a March 20 opinion answering a certified question, the high court ruled that the provision does not apply because the Food and Drug Administration has not specifically or actively allowed such labeling.

Washington resident Tracy Hall filed a putative class action against Walgreen’s in the U.S. District Court for the Eastern District of Illinois, alleging that its OTC cough …