Rite Aid Class Action: Acetaminophen Isn’t ‘Rapid Release’ as Advertised

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A class action lawsuit claims that Rite Aid’s store brand acetaminophen rapid release gels don’t release as quickly as claimed, and in fact release more slowly than standard acetaminophen.

Plaintiff Thomas Bailey says he purchased a bottle of Rite Aid Acetaminophen Rapid Release Gelcaps, 100 count, around six months ago at a Rite Aid store in Alameda County, Calif.

He claims that the product was priced higher than non-rapid release acetaminophen that contained the same number of gelcaps.

The Rite Aid class action lawsuit alleges that Bailey made the purchase for personal use, intending to use the acetaminophen to treat aches and pains.

According to the plaintiff, he purchased the rapid release gelcaps because he was seeking a product that would relieve pain faster than normal acetaminophen.

The Rid Aid class action claims that Bailey discovered after he made his purchase that Rite Aid Acetaminophen Rapid Release Gelcaps do not release faster than normal acetaminophen, and in fact release more slowly.

Bailey says he was financially injured by the Rite Aid corporation because had he known the product he purchased would not perform as advertised, he wouldn’t have purchased the product or would not have paid as much for it.

The Rite Aid Acetaminophen Rapid Release Gelcaps class action lawsuit argues that Rite Aid knew or should have known that its rapid release tablets would not release more rapidly than other pills but advertised them as such, anyway.

The Rite Aid Tylenol class action lawsuit says that the Rite Aid rapid release acetaminophen is marked as comparable to Tylenol brand rapid release acetaminophen.

Allegedly, Rite Aid released an extra strength acetaminophen product, and then released the rapid release version of the product after Tylenol released theirs.

Bailey argues that Rite Aid’s product is not comparable to Tylenol’s rapid release product because Tylenol’s gel caps contains laser-drilled holes that allegedly enable the product to release more quickly.

However, Rite Aid’s product allegedly does not possess the same holes. Additionally, Bailey notes that the holes are shown to not enable the product to be related more quickly.

The Rite Aid class action states that the company would have known that the rapid release products are not shown to release acetaminophen more quickly than non-rapid release products, and knowingly misrepresented the products.

According to the Rite Aid store brand Tylenol class action lawsuit, Rite Aid knew that customers would seek out the rapid release gelcap over the regular gelcaps because they are advertised to work more quickly and are therefore more desirable.

Allegedly, the store also knew that customers would pay more for rapid release gelcaps, and priced them higher than other products, despite the fact that they would not work better.

Bailey argues that Rite Aid was unjustly enriched by the sale of the rapid release acetaminophen gelcaps because they gained profits from the sale of the products by knowingly misrepresenting them to encourage consumers to purchase them.

The Rite Aid customer is represented by Crystal Foley and Mitchell M. Breit of Simmons Hanly Conroy LLC.

The Rite Aid Acetaminophen Rapid Release Gelcaps Class Action Lawsuit is Thomas Bailey v. Rite Aid Corporation, Case No. 3:18-cv-06926, in the U.S. District Court for the Northern District of California.