GSK BOOSTRIX False Advertising Settlement, Did You Get the Whooping Cough Vaccine After Seeing the “Big Bad Cough” Ad in New York?

GlaxoSmithKline (now GSK plc) agreed to settle a class action lawsuit alleging its “Big Bad Cough” television advertising campaign misled New York consumers about BOOSTRIX’s ability to prevent vaccinated people from spreading whooping cough to others. If you are an adult who lived in New York or received a BOOSTRIX vaccination in New York between May 20, 2016, and May 20, 2020, saw the “Big Bad Cough” ads, and got vaccinated to protect someone else from pertussis, you may claim up to $50 with proof or $10 without proof. The claim deadline is June 8, 2026.

Quick Facts

Current Status and What Happens Next

• Proposed settlement — the court has not yet granted final approval. The settlement is currently open for claims while the court review continues.
• Opt-out and objection deadline: May 11, 2026 — New York consumers who want to preserve their right to sue GSK independently over these advertising claims must exclude themselves before this date.
• Final fairness hearing: July 2, 2026 at 10:00 a.m. ET — U.S. District Court for the Eastern District of New York, 100 Federal Plaza, Central Islip, NY 11722. Payments go out approximately 75 days after the court grants final approval.

What Is the GSK BOOSTRIX Lawsuit About?

Plaintiff Lori DeCostanzo filed the class action lawsuit DeCostanzo v. GlaxoSmithKline plc et al., Case No. 2:21-cv-04869, in the U.S. District Court for the Eastern District of New York against GlaxoSmithKline plc (now GSK plc) and GlaxoSmithKline LLC. BOOSTRIX is a Tdap vaccine — a combination booster that protects against tetanus, diphtheria, and pertussis (whooping cough) — manufactured by GSK and widely recommended for adults who are around infants and young children.

Between approximately 2015 and 2020, GSK ran a consumer advertising campaign called “Big Bad Cough” — featuring television commercials and a consumer-facing website that depicted grandparents and other adults transforming into humanized wolves as they approached newborn babies. The ads urged viewers to get vaccinated with BOOSTRIX to protect babies too young to be vaccinated themselves, warning that unvaccinated adults could unknowingly spread whooping cough to infants with devastating consequences. The lawsuit alleged these ads conveyed a false and misleading message — specifically, that receiving BOOSTRIX would prevent vaccinated people from becoming infected with and transmitting the pertussis bacteria to others.

The plaintiff argued that while BOOSTRIX may reduce the severity of pertussis symptoms in the vaccinated person, it does not prevent them from becoming infected with or transmitting the bacteria. DeCostanzo alleged GSK knew or should have known this distinction but used consumer fear about infant safety to drive BOOSTRIX sales. GSK denied all allegations and any liability. The company agreed to settle to avoid the expense and risk of continued litigation and a possible trial.

Who Is Eligible to File a Claim?

This settlement has narrow eligibility — all four criteria must apply to you. Read each one carefully before filing.

• You may qualify if you are an adult (18 or older) who viewed the “Big Bad Cough” advertising campaign — including television commercials or the consumer-facing website — which ran between approximately 2015 and 2020 and featured humanized wolf imagery.
• You may qualify if you either lived in New York at the time of your vaccination, or received your BOOSTRIX vaccination in the state of New York during the class period.
• You may qualify if you received the BOOSTRIX vaccine between May 20, 2016, and May 20, 2020.
• You may qualify if you got vaccinated in order to protect one or more other individuals from pertussis — not solely to protect yourself. This includes getting vaccinated to protect a newborn grandchild, a baby in your care, or any other vulnerable person.
• You do not qualify if you received a different Tdap vaccine brand — only BOOSTRIX specifically is covered by this settlement.
• You do not qualify if you did not see the “Big Bad Cough” advertising campaign before getting vaccinated.
• You do not qualify if you received BOOSTRIX solely for your own protection, without the intent to protect someone else from pertussis.

If you are unsure whether you qualify, contact the settlement administrator at 833-978-4147 or [email protected].

How Much Can You Receive?

The settlement offers two cash payment tiers based on whether you can provide documentation of your BOOSTRIX vaccination:

Qualifying proof of vaccination includes any of the following, as long as it was created before February 10, 2025, by a third party:

• Records from the healthcare provider or pharmacy that administered your BOOSTRIX vaccine during the class period
• Records from your health insurer showing you received BOOSTRIX during the class period
• Other satisfactory medical documentation from a hospital, primary care physician, or other healthcare provider recording the date and type of vaccination

If you no longer have your vaccination records, contact your doctor’s office, pharmacy, or health insurer — many retain vaccination records going back several years.

How to File a Claim

Step 1 — Visit the official settlement website at BigBadCoughSettlement.com to file your claim online, or call 833-978-4147 to request a paper claim form by mail or email.

Step 2 — On the claim form, check the boxes that apply to your situation — confirming you saw the “Big Bad Cough” ad campaign, received BOOSTRIX in New York or lived in New York, received the vaccine during the class period, and got vaccinated to protect someone else.

Step 3 — Provide the approximate date of your BOOSTRIX vaccination, the location where you were vaccinated, the name of the medical practice or pharmacy that administered it, and the name(s) of the individual(s) you sought to protect from pertussis.

Step 4 — If you have qualifying proof of vaccination, attach it to your claim form to receive $50 instead of $10. Acceptable proof includes vaccination records from your provider, pharmacy records, or health insurance records.

Step 5 — Select your preferred payment method: Venmo, Zelle, virtual prepaid card, or physical check. Submit your completed claim online or mail it to: Big Bad Cough Settlement, Attn: Claim Forms, 1650 Arch St., Ste. 2210, Philadelphia, PA 19103. Mailed forms must be postmarked by June 8, 2026.

Step 6 — Save your claim confirmation or keep a copy of your mailed form for your records.

Estimated time to complete: 5–10 minutes online.

Important Deadlines and Dates

Frequently Asked Questions

Do I need a lawyer to file a claim in this settlement?

 No. You can file your claim directly at BigBadCoughSettlement.com without hiring an attorney. Class counsel already represents all class members at no individual cost. If you want independent legal advice, you may hire your own attorney at your own expense. Contact Angeion Group at 833-978-4147 or [email protected] with any questions.

Is this GSK BOOSTRIX settlement legitimate?

 Yes. The settlement, DeCostanzo v. GlaxoSmithKline plc et al., Case No. 2:21-cv-04869, is a court-supervised class action pending in the U.S. District Court for the Eastern District of New York. The official settlement website is BigBadCoughSettlement.com, administered by Angeion Group. The settlement was publicly announced by Angeion Group via PR Newswire on March 10, 2026. Verify any communication by calling 833-978-4147 or emailing [email protected].

When will I receive my payment?

 The final fairness hearing is scheduled for July 2, 2026. If the court approves the settlement and no appeals follow, Angeion Group will issue payments approximately 75 days after the court grants final approval — meaning most claimants can expect payment in late 2026.

What if I miss the June 8, 2026 claim deadline?

 If you do not file a claim by June 8, 2026, you will not receive any payment from this settlement. You will still be bound by the settlement’s release of claims against GSK for the advertising conduct it covers — unless you submitted a valid opt-out request before May 11, 2026.

Will this settlement payment affect my taxes? 

A settlement payment of $10 or $50 is unlikely to create a significant tax obligation for most people. False advertising settlement payments may be treated as a return of the price premium you paid, or as ordinary income, depending on how the IRS classifies the payment. Consult a tax professional if you have questions.

What exactly did GSK’s “Big Bad Cough” ads show — and what was allegedly misleading about them?

 The “Big Bad Cough” television commercials depicted grandparents and other adults transforming into humanized wolves when approaching newborn babies — visually representing the idea that unvaccinated adults could unknowingly harm infants by spreading whooping cough. The ads urged adults to get vaccinated with BOOSTRIX to protect babies who were too young to be vaccinated. The lawsuit alleged these ads falsely implied that BOOSTRIX would prevent vaccinated people from transmitting pertussis — when in fact, the plaintiff argued, BOOSTRIX may only reduce symptoms in the vaccinated person without stopping transmission.

I got a Tdap shot but I am not sure if it was BOOSTRIX specifically — how do I check?

 BOOSTRIX is one of two Tdap vaccine brands available in the United States — the other is ADACEL, made by Sanofi. Only BOOSTRIX is covered by this settlement. Check your vaccination records, ask your doctor’s office or pharmacy, or log in to your health insurer’s portal to see which Tdap brand you received. If the records show “Tdap” without specifying the brand, contact the provider who administered the vaccine to request clarification.

Do I need to have proof that I saw the specific “Big Bad Cough” ad?

 No documentary proof of viewing the ad is required — you simply attest on the claim form that you viewed the “Big Bad Cough” advertising campaign before getting vaccinated. However, you must genuinely have seen the ads before getting vaccinated. The ads ran on television and online between approximately 2015 and 2020 and prominently featured the wolf imagery and whooping cough prevention messaging.

Sources and References

1. Official Settlement Website — BigBadCoughSettlement.com
2. Official PR Newswire Announcement — Angeion Group, March 10, 2026
3. FKKS Advertising Law — “Big Bad Cough” Suit Proceeds, December 2022
4. CDC — BOOSTRIX Tdap Vaccine Information

New York consumers who purchased other pharmaceutical or healthcare products based on allegedly misleading advertising may want to review whether they qualify for other active false advertising settlements. If you were affected by a separate GSK product, the GSK Zantac $2.2 billion settlement covers individuals who developed cancer after taking the heartburn medication ranitidine — though that settlement requires attorney representation rather than a public claim form. Consumers nationwide who purchased dietary supplements marketed with allegedly false health benefit claims may also check the Balance of Nature false advertising settlement for purchases made between 2019 and 2025.

Last Updated: March 17, 2026

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Legal claims and outcomes depend on specific facts and applicable law. For advice regarding a particular situation, consult a qualified attorney.

About the Author

Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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