A woman from Illinois is suing Walgreens and another drug distributor, McNeil-PPC Inc., over two over-the-counter cough and cold drug after her son died in 2001.

The lawsuit was filed in Lake County Circuit Court and seems to be the first since health experts from the Federal Drug Administration met last month and testified that these medicines should not be administrated to children younger than six, because they do not have a positive effect on them, even worse, they can be harmful.

Dimitria Alvarez from Bloomington, Illinois, found her son, Devon Mehlberg-Alvarez, dead on October 8, 2001. The child had been given McNeil-PPC Inc.’s Infant Tylenol Cold Decongestant Plus Cough and Walgreen-brand Pediatric Drops-Cough Plus Cold at the family pediatrician’s advice.

The boy died of dextromethorphan intoxication, a substance contained in both medicines, according to a coroner’s report.

The lawsuit says that McNeil and Walgreen should have been aware of the risks that dextromethorphan holds, that the two medicines have never been tested for use by infants and that there had been reported deaths associated with this ingredient.

“We have not seen the lawsuit yet, so we can’t comment on the allegations. Our labeling for these cough and cold products, including use restrictions, was in compliance with FDA regulations. The FDA has not found that these products are unsafe when used as directed,” Walgreen corporate representative Carol Hively said.

Hively also suggested that Alvarez might have given the boy the drugs at the same time.