Dollar General Pays $1.8M to End Infants’ Acetaminophen False Ad Class Action Lawsuit

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Dollar General Infants’ Acetaminophen Class Action Settlement Overview:

• Who: Dollar General and consumers have reached a $1.8 million class action settlement.
• What: The settlement ends a class action lawsuit that alleged that the company inflated the price of infant pain killers. With proof of purchase, consumers are entitled to an unlimited number of refunds of $1.70 per infants’ product.
• Where: The class action is proceeding in Florida.

Dollar General and consumers have reached a $1.8 million settlement ending a class action lawsuit that alleged that the company inflated the price of infant’s acetaminophen. With proof of purchase, consumers are entitled to an unlimited number of refunds of $1.70 per infants’ product.

According to the class action lawsuit filed in 2020 by lead plaintiff David Levy, Dolgencorp LLC, Dollar General’s parent company, violated state and federal consumer laws by overcharging parents for its DG Infants’ Pain and Fever Relief medication and labeling the product in a way that makes it seem to be specially formulated.

In fact, Levy says the medicine is the same as the DG Children’s Pain and Fever Relief, but Dollar General charges three times as much for it. The Dollar General pain relievers for infants and children are both liquid and contain the same 160 mg of acetaminophen per dose, and call for the same dosage amount, Levy’s class action lawsuit says. The infants’ medicine is packaged in a 2-ounce bottle, and the children’s in an 8-ounce bottle.

“[The products] are interchangeable, and are therefore suitable for infants and children, adjusting the dosage based only on the weight and age of the child,” Levy argued.

Claims in Dollar General Infant Acetaminophen Settlement

Dollar General reached the $1.8 million settlement with Levy and other Class Members earlier this year, and it has now been submitted for final approval.

Under the terms of the settlement, Class Members can receive an unlimited number of partial refunds of $1.70 per infants’ product with proof of purchase, or $1.70 per infants’ product up to a maximum of $5.10 without proof of purchase.

The company has agreed that it will only sell the DG Health Infants’ Acetaminophen if it states that it is the same as the cheaper DG Health Children’s Acetaminophen.

Also under the agreement, Levy will receive $5,000 as the Class representative and counsel will get $610,000.

Consumers have made similar false advertising claims about Equate acetaminophen for infants sold by Walmart, Kroger Co.‘s store brand of infant acetaminophen, as well as Rite Aid’s infant pain reliever.

Did you purchase Dollar General infant’s acetaminophen? Will you take part in this settlement? Let us know in the comments section!

Levy is represented by Rachel Dapeer of Dapeer Law PA, Andrew J. Shamis of Shamis & Gentile PA, Scott Edelsberg of Edelsberg Law PA and Melissa S. Weiner of Pearson Simon & Warshaw LLP.

The Dollar General Infant’s Acetaminophen Class Action Lawsuit is David Levy, et al. v. DolGenCorp LLC, et al., Case No. 3:20-cv-01037, in the U.S. District Court for the Middle District of Florida.

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