Class action alleges Fungi-Nail falsely marketed as effective against nail fungus

Fungi-Nail class action overview:

• Who: Plaintiff Daniel Duffey filed a class action lawsuit against Arcadia Consumer Healthcare Inc.
• Why: Duffey alleges Arcadia falsely advertises its Fungi-Nail product as an effective nail fungus treatment.
• Where: The class action lawsuit was filed in North Carolina federal court.

A new class action lawsuit alleges Arcadia Consumer Healthcare falsely advertises its Fungi-Nail product as being effective at treating nail fungus.

Plaintiff Daniel Duffey claims Arcadia’s Fungi-Nail product is advertised as being able to “kill fungus” despite the fact it is not effective at doing so.

Duffey argues Arcadia falsely advertises Fungi-Nail as being “clinically proven to cure and prevent fungal infections” and having a “triple action formula” that kills fungus, stops itching and burning and restores skin health.

“Despite the name ‘Fungi-Nail,’ which suggests that the products are intended to treat and effective at treating nail fungus, the products contain fine print on a back label disclaimer indicating that the product is not meant to treat nail fungus, nor is it effective at doing so,” the Fungi-Nail class action lawsuit says.

Arcadia made ‘millions of dollars’ in fraudulent sales, Fungi-Nail class action alleges

“Defendant has made millions of dollars in fraudulent sales to individuals who Defendant told were receiving a product that is capable of treating nail fungus,” the Fungi-Nail class action lawsuit says, while customers did not receive the benefit of their bargain.

Duffey wants to represent a nationwide class and North Carolina class of consumers who purchased Fungi-Nail during the period beginning four years from the date of the filing of the complaint to the date of class certification.

Duffey argues Arcadia is guilty of fraud, fraudulent concealment and omission, negligent misrepresentation, unfair and deceptive trade practices, breach of express warranty, breach of implied warranty of merchantability and unjust enrichment.

Duffey demands a jury trial and requests declaratory and injunctive relief and an award of compensatory and restitutionary damages for himself and all class members.

Similarly, CVS Pharmacy Inc. faced a class action lawsuit accusing the company of falsely advertising its Maximum Strength Anti-Fungal Liquid as a treatment for nail fungus, even though its active ingredient, tolnaftate, is ineffective in treating the condition.

Have you purchased Fungi-Nail? Let us know in the comments.

The plaintiff is represented by Daquan Blyther of Solomon Law Group PLLC and Thiago M. Coelho of Wilshire Law Firm PLC.

The Fungi-Nail class action lawsuit is Duffey v. Arcadia Consumer Healthcare Inc., Case No. 5:25-cv-00652, in the U.S. District Court for the Eastern District of North Carolina.

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