Walmart, Walgreens Class Actions Allege Lidocaine Patches Don’t Work as Promised

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Walmart, Walgreens Lidocaine Class Actions Overview:

• Who: Walmart and Walgreens have been hit with twin class action lawsuit by two consumers alleging they falsely market Lidocaine patches.
• Why: The plaintiffs say the Lidocaine patches don’t stay on the body as long as promised and aren’t the “maximum strength” on the market as promised.
• Where: The class action lawsuits were filed in New York federal court.

Walmart and Walgreens sell Lidocaine patches that they claim are stronger and more long-lasting than they actually are, a new class action lawsuit alleges.

In two twin class action lawsuits filed by consumers in New York federal court Apr. 11, Walgreen Co. and Walmart Inc. are accused of violating state and federal consumer laws.

Lidocaine is a local anesthetic, the lawsuits explain. It prevents pain by blocking the signals at the nerve endings in the skin, and lidocaine patches are often prescribed by doctors, but the defendants offer the products over-the-counter.

The lawsuits allege that Walgreens and Walmart sell their lidocaine patch products using a marketing and advertising campaign that states the patches provide “pain relief” that is “maximum strength” through a “stay-put flexible patch” that will work for “up to 12 hours.”

“However, Defendant’s claims, representations and warranties are false and misleading,” the lawsuits state. “As explained in further detail below, despite proper application, within a short time the products commonly fall off of consumers’ bodies, thus depriving consumers of the advertised benefits.”

Walgreens, Walmart Lidocaine Patches Aren’t Maximum Strength, Class Action Lawsuits Allege

The lawsuits also point out how the companies label some of the products as providing “maximum strength” despite these products only containing 4% lidocaine.

“Defendant’s ‘maximum strength’ claims are false and deceptive because there are other products available that offer lidocaine patches containing 5% lidocaine,” the lawsuits state.

Class members therefore paid for something under false pretenses, they say.

“Plaintiff purchased, purchased more of, and paid more for the Products than she would have had she known the truth about the Products,” the Walgreens lawsuit states.

In both lawsuits, the class comprises all consumers who purchased the Walmart or Walgreens lidocaine patch products in the United States plus a New York subclass.

The plaintiffs are seeking an injunction and suing under New York General Business Law and for breach of warranty and unjust enrichment. 

They are seeking certification of the class, fees, costs, damages of $500 per transaction, additional punitive damages and a jury trial. 

Meanwhile, CVS has been hit with a similar class action lawsuit in California alleging CVS Pharmacy’s CVS Health brand Maximum Strength Lidocaine Patches are not actually maximum strength.

The plaintiff claims CVS falsely advertises its Lidocaine patches as maximum strength due to the fact at least one of its competitors sells patches containing a higher percentage of lidocaine. 

Have you tried the lidocaine patches? Did they work as expected for you? Let us know in the comments! 

The plaintiffs are represented by Jason P. Sultzer, Joseph Lipari and Daniel Markowitz of The Sultzer Law Group P.C. 

The Walgreen Class Action Lawsuit is Michael Toporek v. Walgreen Co., Case No. 2:22-cv-02084, in the U.S. District Court Eastern District of New York.

The Walmart Class Action Lawsuit is Naomy Altagracia Gonzalez Rodriguez v. Walmart Inc., Case No. 1:22-cv-02991, in the U.S. District Court Southern District of New York.Lawsuits filed: Apr.11, 2022

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