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Stop & Shop lidocaine patches overview:
- Who: Stop & Shop has been hit with a class action lawsuit due to its CareOne lidocaine patches.
- Why: The plaintiff alleges the lidocaine patches are falsely marketed.
- Where: The lidocaine class action was filed in a New York federal court.
CareOne lidocaine patches promise pain relief for up to eight hours but can fall off within minutes, a new class action lawsuit alleges.
Plaintiff Edward Fuller filed the class action lawsuit against The Stop & Shop Supermarket Co.l on Nov. 17 in a New York federal court, alleging violations of state and federal consumer laws.
According to the lawsuit, Stop & Shop makes and sells “Maximum Strength” adhesive patches promising to deliver 4% lidocaine for up to eight hours of “numbing relief” under the CareOne brand.
However, the product fails to deliver lidocaine in the way it promises, the lidocaine class action alleges.
Lidocaine class action alleges patch cannot stick for eight hours
Consumers expect that when they are told the product will provide “Up to 8 Hours” of relief, the patches will adhere to their bodies for no less than eight hours or even longer, Fuller states.
“However, the Product cannot adhere to the skin for more than four hours, which renders the ‘Up To 8 Hours’ misleading, a significant disparity,” he says.
“Numerous studies and reports revealed that users of adhesive lidocaine patches using the same technology used by the Product regularly peel off a user’s skin within three to four hours, and sometimes in minutes, after being applied.”
The product also does not deliver the “maximum strength” of lidocaine because it cannot adhere for long, the lidocaine lawsuit alleges. The plaintiff argues the “numbing” claims are also misleading because they indicate the product will block nerves when it does not.
Fuller looks to represent a New York class of consumers who bought the product, plus a consumer fraud multistate class from New Jersey, New Hampshire and Rhode Island.
He sued under New York consumer laws and for breach of warranty, negligent misrepresentation, fraud and unjust enrichment and seeks certification of the class action lawsuit, damages, fees, costs and a jury trial.
Consumers have filed a number of class action lawsuits this year against CVS, Target, Dollar General, Veridian and Greenbrier International over the way they market their lidocaine patches.
Have you bought lidocaine patches that fall off before eight hours? Let us know your experience in the comments.
The plaintiff is represented by Spencer Sheehan of Sheehan & Associates PC.
The Stop & Shop class action lawsuit is Edward Fuller, et al. v. The Stop & Shop Supermarket Co. LLC, Case No. 7:22-cv-09824, in the U.S. District Court for the Southern District of New York, White Plains Courthouse.
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14 thoughts onStop & Shop class action claims lidocaine patches don’t adhere long enough to provide advertised benefits
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I am a VA patient. VA have been supplying me box’s of lidocaine patches that doesn’t doesn’t stay in my bilateral shoulder, bilateral legs (upper and lower) even on back (upper and lower) it fall off or fall out. I end up buying or purchasing salonpas instead for pain relief. I was diagnosed with chronic pain, polyarthritis, osteoarthritis, muscles spasms, and stiff neck. Lidocaine patches is useless and defeat the purpose.
I have been prescribed this a couple times in my life well it’s just last year when I shattered my arm and literally to put those patches on they don’t stay on but 10 seconds as soon as you put your shirt on or put a piece of clothing it crumples up it doesn’t stick to your skin and it offers no pain relief and it also makes you retain and uncomfortable amount of water and your body causing swelling but they have to stay on long enough to be able to do that and I’ve never had one that stayed onon more than a few minutes they are a complete waste of money I got absolutely no relief from those whatsoever and I was in severe pain
Add me please