Quality Choice class action claims lidocaine patches falsely advertises 4% medication

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Quality Choice lidocaine patches class action overview: 

• Who: A Maryland consumer is suing Quality Choice. 
• Why: The plaintiff says the company’s lidocaine patches do not work as promised.
• Where: The Quality Choice lidocaine patches class action lawsuit was filed in a Maryland federal court.

A Maryland consumer is suing Quality Choice alleging the company’s lidocaine patches do not work as promised, and fall off within hours — or even minutes — of application.

Plaintiff Matthew Ashley filed the class action lawsuit against Chain Drug Marketing Association Inc. on June 1 in a Maryland federal court, alleging violations of state and federal consumer laws.

According to the lawsuit, Chain Drug Marketing Association, Inc. sells adhesive patches promising to deliver 4% lidocaine under the Quality Choice brand.

The label representations include its description as a “Maximum Strength Lidocaine Pain Relief Patch” delivering 4% Lidocaine topical anesthetic. The label also indicates that the product “Desensitizes Aggravated Nerves and Relieves Pain” through a “Stay-put Flexible Patch” in a “Single Use Application that Lasts up to 12 Hours,” Ashley says. 

However, the product cannot and does not adhere for anywhere close to twelve hours, rendering the marketing misleading, the lawsuit states. 

Patch can fall off within minutes, lawsuit states

Studies have shown that lidocaine patches using the same or substantially similar delivery mechanism and design are unable to adhere to the body for more than four hours, often peeling off within minutes of light activity, “nowhere near the twelve hours of usage time indicated,” the lawsuit states. 

Since the product cannot adhere to a person’s skin throughout the promised time period, it also cannot deliver the active anesthetic ingredient of lidocaine during that time, Ashley adds.  

Meanwhile, the representation of “Maximum Strength” and “4% lidocaine” are also misleading, because prescription lidocaine patches exist on the market that deliver greater amounts of lidocaine to the wearer, the lawsuit states. The plaintiff also says the product does not desensitize nerves, as promised on the label.

As a result, Ashley is suing on behalf of anyone in Maryland who bought the product, as well as a consumer fraud multistate class of consumers from Idaho, Alaska, Kansas, Iowa, Mississippi, Mississippi, South Dakota, West Virginia, Arizona and Utah. 

He is suing for violations of state consumer laws, breach of warranty, fraud and unjust enrichment. He seeks certification of the class action, damages, fees, costs and a jury trial.

Meanwhile, Rite Aid makes a lidocaine patch that does not work as promised because it doesn’t stick on the skin for as long as it says it will, a new class action lawsuit alleges.

What do you think of the allegations in this Quality Choice lidocaine class action lawsuit? Let us know in the comments! 

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates. 

The Quality Choice class action lawsuit is Matthew Ashley, et al. v. Chain Drug Marketing Association Inc., Case No. 1:23-cv-01486-LKG in the U.S. District Court for the District of Maryland.

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