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Dollar General will pay $1.8 million dollars to reimburse consumers after the company allegedly tripled the price of an infant pain reliever that contained the same ingredients as a lower priced product.
That’s according to a class action settlement reached Tuesday over claims that Dollar General tried to trick customers into believing its infants’ pain reliever, DG Health Infants’ Acetaminophen, was different from its children’s pain reliever.
Lawsuit: Dollar General’s Infant Pain Reliever Same As Its Children’s Pain Reliever
Lead plaintiff David Levy filed the class action lawsuit in September, arguing that both products had the same concentration of acetaminophen per dosage, even though they were priced differently.
Levy asserted that Dollar General misled consumers by labeling one product for infants and setting it at a higher price. It implied that the product was made specifically for babies’ unique needs, which was not the case, according to the class action lawsuit.
“No reasonable consumer would pay approximately three times more for Infants’ Products, as compared to Children’s Products, unless he or she was deceived into thinking that infants cannot safely take the Children’s Products,” Levy said in the lawsuit.
“The potential risks associated with acetaminophen overdose terrifies parents and causes them to be extra careful when buying medicine for their children. Dollar General exploits this fear by misleading consumers,” the class action lawsuit asserts.
Dollar General Agrees to Class Action Settlement
Dollar General denied the allegations, but agreed to settle globally to prevent continuing costly litigation. Levy agreed with the notion saying the settlement would surely put an end to otherwise “contentious and costly litigation centered on unsettled legal questions.”
If this preliminary settlement is approved, it would provide compensation to consumers globally. Anyone who bought the Dollar General product after Sept. 15, 2016, would be able to claim $1.70 for each of the purchased products.
The million dollar settlement would be put in a fund to also cover other expenses including attorney fees and service fee awards determined by the court.
“Given the immediate and substantial benefits the Settlement Agreement will provide to the Class, there can be no question that the terms of the proposed Settlement Agreement are at least ‘fair, reasonable, and adequate,’” Levy said in the settlement agreement. He added that the settlement “should receive the Court’s preliminary approval, so that the Class can be informed and be heard as to their opinions of the Settlement Agreement at the Final Fairness Hearing.”
A date for the Final Approval Hearing has not been set yet. Top Class Actions will update this article as more information becomes available. Click on the “Follow Article” button at the top of this page to get the latest updates on the Dollar General infant pain reliever settlement by using your free Top Class Actions account.
Do you use the infant’s or children’s Acetaminophen product from Dollar General? Do you agree with this class action settlement? Tell us your thoughts in the comments section below!
Lead plaintiff Levy and the proposed Class Members are 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 Pain Reliever Class Action Settlement 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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