Rite Aid class action alleges retailer falsely advertises lidocaine patch strength

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Rite Aid lidocaine class action lawsuit overview:

• Who: Plaintiff Steven Prescott filed a class action lawsuit against Rite Aid Corporation.
• Why: Rite Aid allegedly falsely advertises its lidocaine patches as “Maximum Strength.”
• Where: The Rite Aid class action lawsuit was filed in California federal court.

Rite Aid Corporation joins the list of companies facing allegations of misrepresenting the strength of its over-the-counter lidocaine patches.

On Oct. 6, the pharmacy chain was hit with a class action lawsuit in California federal court alleging over-the-counter Rite Aid lidocaine patches are represented as “Maximum Strength” even though prescription products contain a higher percentage of lidocaine.

Lidocaine is a type of local anesthetic that relieves pain by blocking the signals at the nerve endings in the skin, the Rite Aid class action lawsuit explains. It is commonly used in pain relief products intended to help with soreness and pain.

Rite Aid class action alleges ‘Maximum Strength’ lidocaine patches do not contain maximum available dose

Plaintiff Steven Prescott alleges Rite Aid has developed a marketing campaign meant to appeal to consumers who seek out strong doses of lidocaine to relieve their pain. By touting the Rite Aid lidocaine patches as “Maximum Strength,” reasonable consumers are led to believe that they are purchasing the highest dosage available, the Rite Aid class action lawsuit says.

Prescott says he purchased Rite Aid lidocaine products many times in the last few years. Prior to purchasing the pain relief products, he says he reviewed the labels, disclosures, warranties, and marketing materials, including the prominent “Maximum Strength” representations on the product’s front label.

The Rite Aid class action lawsuit claims that the “Maximum Strength” language on the product’s front label “instantly catches the eye” of consumers and entices them to pay a premium for the product because they believe it contains the highest available dose of lidocaine.

However, the “Maximum Strength” Rite Aid lidocaine products allegedly contain only 4% lidocaine while prescription lidocaine products contain 5% lidocaine, Prescott says.

Therefore, he says the Rite Aid lidocaine products are not actually “Maximum Strength” because stronger lidocaine products are available.

Prescott says he would not have purchased the Rite Aid lidocaine products or would have paid less for them had he known they were falsely advertised as being “Maximum Strength.”

The Rite Aid class action lawsuit asserts claims for violations of California’s False Advertising Law, Unfair Competition Law, Consumers Legal Remedies act, common law fraud, and unjust enrichment.

Several companies are facing lidocaine patch class action lawsuits over allegations they misrepresent the strength of their products.

Have you purchased “Maximum Strength” lidocaine patches because you believed they contained the maximum available dose? Tell us what you think about the Rite Aid class action lawsuit in the comments!

Prescott is represented by Jonathan Shub and Kevin Kaukatis of Shub Law Firm LLC, Trenton R. Kashima of Milberg Coleman Bryson Phillips Grossman PLLC, and Charles E. Schaffer and David C. Magagna Jr. of Levin Sedran & Berman LLP.

The Rite Aid Lidocaine Class Action Lawsuit is Steven Prescott v. Rite Aid Corporation, Case No. 5:22-cv-05798, in the U.S. District Court for the Northern District of California.

Read About More Class Action Lawsuits & Class Action Settlements:

• 83-Year-Old Cancer Survivor Wins $5M Damages From Tobacco Company R.J. Reynolds
• Heart Failure, Infections and More: Onglyza Side Effects
• Research Shows Zantac, Generic Ranitidine Can Create Carcinogen During Digestion
• Birth Control Devices: A Guide to ParaGard IUD Side Effects