A class action lawsuit has been filed against the Procter & Gamble Company, accusing the company of falsely marketing their ZzzQuil brand Nighttime Sleep Aid products as "Non-Habit Forming" despite the alleged potential for the active ingredient, diphenhydramine, to cause psychological dependence.
Plaintiffs Stephen Sneed and Nickolas Cannon filed a class action lawsuit in San Francisco federal court against P&G, citing breach of warranty, unjust enrichment and violations of the Unfair Competition Law, False Advertising Law and the Consumers Legal Remedies Act.
According to court documents, the plaintiffs previously bought the ZzzQuil brand Nighttime Sleep Aid products to help with sleep. They allege that the defendant markets the product as "Non-Habit Forming," which is clearly printed on the product's packaging. Despite the defendant's claims, however, the plaintiffs state that the product's active ingredient, diphenhydramine, can cause users to form a psychological dependence on the product, leading to habitual use. In addition, the plaintiffs argue that users typically incorporate sleep aid medications into their bedtime routines, which further reinforces habitual use.
The plaintiffs argue that this deceptive marketing has led consumers, including themselves, to overpay for these products. They claim that had they known the products were habit-forming, they would have paid less for the products or not purchased them at all.
The plaintiffs are seeking certification of their class action lawsuit and a judgment for damages and restitution plus court costs, attorney fees, and other relief. Additionally, they are seeking an injunction against the defendant to prohibit the sale and alleged deceptive advertising of the products.
They are represented in this case by attorneys Ryan J. Clarkson, Katherine A. Bruce, and Kelsey J. Elling of Clarkson Law Firm P.C. in Malibu.
U.S. District Court for the Northern District of California case number 4:23-cv-05443