French multinational pharmaceutical company Sanofi US Corporation is facing a class action lawsuit for allegedly falsely advertising the pain relief provided by its Aspercreme lidocaine patches.
The class action lawsuit was filed in Illinois on May 1 by lead Plaintiff Sherry Cruz, who alleges that the company misrepresented the strength and ability of its pain relief patches. Cruz allegedly bought the patches thinking they would provide the relief advertised, to find that they did not live up to her expectations.
According to the class action lawsuit, Sanofi advertises the patches as providing targeted relief for the main joint areas: back, neck and shoulder, knee and elbow, hand and wrist and foot, and ankle and leg.
“These representations give consumers the impression the Product can treat neuropathic and musculoskeletal pain, including back and spinal pain,” the claims states. However, it adds that the patches are only authorized for ‘temporary relief’ of pain or itching associated with minor burns, sunburn, minor cuts, scrapes, insect bites, or minor skin irritations.
Lidocaine is a topical anesthetic used to treat pain by depressing sensory receptors in the nerve endings in the skin, which prevents pain signals from reaching the brain, the claim states.
According to the class action lawsuit, the company also misleads consumers by saying that the patches are “max strength,” when there are stronger and thinner patches on the market, that they are “fast acting,” when they do not provide immediate relief, and that they last up to 12 hours, when they do not even provide relief for six hours.
The Aspercreme class action lawsuit also alleges that the patches say that they numb away pain, falsely implying the product completely blocks pain receptors, eliminates responses to painful stimuli and provides a numbing sensation.
“These statements are misleading to consumers because whether a lidocaine patch like the Product is capable of these effects depends on how it is used. Additionally, the Food and Drug Administration (FDA) determined that statements such as ‘numb away pain’ on external analgesic products like the Product are misleading to consumers because it is not capable to perform this function.”
Since consumers associate “nerves” and “pain receptors” with medical treatments typically requiring a prescription (and FDA approval), seeing these claims tells them the patches can achieve these results, the class action lawsuit claims.
However, the patches cannot achieve these results, which is why the FDA prohibits external analgesic products containing lidocaine from making these types of claims, it adds.
The class action lawsuit also states that Sanofi falsely advertises its compliance with FDA guidelines, despite not complying with the stated criteria.
Cruz wants to represent anyone in Illinois who bought Sanofi’s Aspercreme lidocaine patches. She is suing for violations of business laws, breach of warranty, negligent misrepresentation, fraud, and unjust enrichment, and is seeking certification of the Class, injunctive relief, damages, legal fees, and a jury trial.
Rite Aid is also currently facing a class action lawsuit for allegedly false advertising of its rapid release pills. The claim says that Rite Aid’s store brand acetaminophen rapid release gels don’t release as quickly as claimed, and, in fact, release slower than standard acetaminophen.
Have you taken fast-attacking pain relief that hasn’t kicked in quickly? Let us know in the comments section!
Cruz is represented by Spencer Sheehan of Sheehan & Associates, P.C.
The Sanofi Lidocaine Patches Class Action Lawsuit is Sherry Cruz vs. Sanofi US Corporation, Case No. 1:21-cv-02351, in the US District Court for the Northern District of Illinois.
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35 thoughts onAspercreme Pain Relief Patches Falsely Advertise Strength, Longevity, and Effect, Class Action Alleges
Add me
Add me to the list
Please add me, I have used these forever
I buy these for my Dad. Please add me.
USED THEM ALL THE TIME YES PLEASE ADD ME