Every year, Americans purchase almost $1.8 billion in over-the-counter (OTC) medicines to relieve the stuffy nose and/or sinus pressure we suffer from cold, flu, and seasonal allergies.

But have you ever thought that your nasal congestion wasn't improving no matter how much decongestant medication you took?  You're not wrong, as the FDA recently confirmed, the most popular active ingredient in OTC cold and allergy medication--Phenylephrine (“PE”)--when taken orally, doesn't work to relieve nasal congestion.

PE is in at least 250 products. Despite a scientific consensus by 2016 that PE is no better than a placebo, drug companies, suppliers and retailers took no steps to disclose that to consumers and continued to manufacture, market, represent, warrant, and sell products containing PE with deceptive and false labeling, representing to consumers like you that PE product are effective in relieving congestion.

A Multidistrict Litigation (MDL) case has been organized against the makers and sellers of PE products in the Eastern District of New York. An MDL is a legal process used in United States district courts to handle numerous civil cases filed across the country that share common issues of fact. The Oral Phenylephrine MDL consists of multiple plaintiffs from all around the nation who were duped into purchasing OTC medicine containing PE.

Kaplan Gore Partner Darren Kaplan was recently appointed to leadership in the Oral Phenylephrine MDL. In his role as a member of the Plaintiffs' Steering Committee (PSC), he will assist in overseeing the PE cases pending in the Eastern District of New York and will eventually move to certify a nationwide class of oral PE consumers. A highly regarded leadership role, his membership in the PSC will allow Kaplan Gore to litigate alongside other plaintiff's lawyers and oversee the successful prosecution of of this MDL.

If you purchased any decongestant product within the last six years that contained PE, expecting it to be an effective decongestant, please contact us today at 212-999-7370 or visit https://www.kaplangore.com/contact-us.

In Re: Oral Phenylephrine Marketing and Sales Practices Litigation, Case No. 1:23-MD-03089