UCL Claims Over ‘Non-Drowsy’ Meds Preempted By Federal Law, Retailer Tells Court

Mealey's (June 22, 2022, 8:14 AM EDT) -- LOS ANGELES — The Kroger Co. argues in a June 17 motion to dismiss filed in a California federal court that putative class claims against it for violating California’s unfair competition law (UCL) by selling cold and flu medicines that contain dextromethorphan and are allegedly mislabeled as “non-drowsy” are preempted because the labels comply with Food and Drug Administration regulations....