Kroger Class Action Alleges Lidocaine Patches Don’t Work As Promised

Kroger Lidocaine Patch Class Action Lawsuit:

• Who: A Kroger brand lidocaine consumer sued The Kroger Co.
• Why: The customer says Kroger’s lidocaine patches do not work as advertised.
• Where: The lawsuit was filed in Illinois federal court.

The Kroger Co. sells lidocaine patches that promise pain relief for up to eight hours but fall off within minutes, a new class action lawsuit alleges. 

Plaintiff Tina Lee filed the class action lawsuit May 23 in an Illinois federal court, alleging violations of state and federal consumer laws. 

Kroger makes and markets “Maximum Strength” adhesive patches promising to deliver 4% lidocaine under the Kroger brand, Lee says. The label promises “Up to 8 Hours of Relief” and that it can be used “For Temporary Relief of Pain” to “Desensitize Aggravated Nerves” and provide “Numbing Relief.”

However, the product does few of these things, the lawsuit alleges.

Kroger Lidocaine Patches Fall Off Within Minutes, Lawsuit Alleges

While certain companies innovate their technology based on clinical studies to ensure that their lidocaine patches reliably adhere to a consumer’s body, even while exercising, Lee says Kroger has not. 

“The claims that the Product provides ‘Up to 8 Hours of Relief’ is misleading because it regularly peels off the bodies of users within a few hours, and often minutes, after being applied,” she says. “Consumers expect up to eight hours will mean the Product will remain applied for no less than eight hours or even longer.”

As a result, the lidocaine does not deliver the maximum strength as promised, she claims.

Lee says Kroger is aware of the issue because of the public user comments to websites it monitors and consumer complaints but did not change the product or marketing. 

However, as a result of the allegedly false and misleading representations, Kroger sells the patches at a premium price, Lee says, which is approximately no less than $8.99 for six patches, excluding tax and sales, a price higher than similar products.

She’s looking to represent anyone in Illinois who purchased the product plus a consumer fraud multistate class of people from Virginia, Montana, Wyoming, Idaho, Alaska, Virginia, Kentucky, West Virginia, Kansas, Nebraska, North Dakota, Iowa, Mississippi, Arkansas, South Carolina and Utah. 

Lee also seeks certification of the class action, an injunction, damages, fees, costs and a jury trial. 

The news comes as Walmart and Walgreens face class action lawsuits alleging they also sell lidocaine patches that they claim are stronger and longer-lasting than they actually are.

Have you bought a lidocaine patch that fell off? Let us know in the comments! 

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates, P.C. 

The Kroger Lidocaine Class Action Lawsuit is Tina Lee v. The Kroger Co., Case No. 3:22-cv-01086, in the U.S. District Court Southern District of Illinois Benton Division.

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