Walmart class action lawsuit claims Equate sleep aids are habit-forming

Walmart Equate class action lawsuit overview:

• Who: Plaintiff Bryan Larsen filed a class action lawsuit against Walmart Inc.
• Why: Larsen claims Walmart falsely advertises that its Equate Maximum Strength and Nighttime Sleep-Aid products are “non-habit-forming.”
• Where: The Equate class action lawsuit was filed in California federal court.

Walmart falsely advertises that its Equate-brand Maximum Strength and Nighttime Sleep-Aid products are “non-habit-forming,” a new class action lawsuit alleges.

Plaintiff Bryan Larsen’s class action lawsuit claims Walmart’s Equate sleep-aid products contain the active ingredient diphenhydramine, which, he says, has been shown to be habit-forming.

Larsen argues Walmart has ultimately profited off consumers’ preference for non-habit-forming sleep aids by misleadingly labeling the Equate sleep-aid products.

“Defendant knows that consumers are willing to pay more for sleep-aid products labeled as ‘non-habit-forming’ because they perceive such products to be safer and healthier alternatives to comparable sleep aids that carry a risk of habit formation,” the Walmart Equate class action lawsuit says. 

Larsen wants to represent a class of California consumers who bought Equate-brand sleep-aid products within the past four years. 

Equate sleep-aid products allegedly contain sedative ingredients

Larsen argues that Walmart’s Equate sleep-aid products contain diphenhydramine, a sedating antihistamine that he claims can lead to dependence. He further alleges that chronic use can cause various adverse neurological effects, including psychosis.

“Peer-reviewed pharmacological and clinical studies show diphenhydramine engages the brain’s dopaminergic reward circuitry, produces tolerance to its intended sedative effect and causes documented dependence, withdrawal, and escalates misuse,” the Walmart Equate class action lawsuit says. 

Walmart allegedly knew consumers would be willing to pay more for sleep-aid products labeled as non-habit-forming and therefore prominently marketed its products as such.

“Defendant prominently marketed its products as ‘non-habit forming,’ deliberately leading reasonable consumers, including the plaintiff, to incorrectly believe that the products do not and cannot cause habitual use,” the Walmart Equate class action lawsuit says.

Larsen claims Walmart breached its express warranty and violated California’s Unfair Competition Law, False Advertising Law and Consumers Legal Remedies Act.

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

A consumer filed a similar class action lawsuit against Chattem and Sanofi-Aventis earlier this year over claims they falsely marketed Unisom sleep-aid products as non-habit-forming.

Have you ever purchased Walmart’s Equate-brand sleep-aid products? Let us know in the comments.

The plaintiff is represented by Michael D. Braun of Kuzyk Law LLP and Jeffrey I. Carton, Catherine H. Friesen and John P. Kane of Denlea & Carton LLP.

The Walmart Equate class action lawsuit is Larsen v. Walmart Inc., Case No. 5:26-cv-05753, in the U.S. District Court for the Central District of California, Eastern Division.

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