Albertsons, Acme, Safeway class action alleges Signature Care acetaminophen not rapid release

Signature Care acetaminophen rapid release class action lawsuit overview: 

• Who: Christine Bischoff filed a class action lawsuit against Albertsons Companies, including Safeway, Inc. and Acme Markets, Inc. 
• Why: Bischoff claims Albertsons Companies misrepresents that some of its Signature Care brand over-the-counter acetaminophen drugs are “rapid release.” 
• Where: The class action lawsuit was filed in New York federal court. 

Albertsons Companies misrepresents that certain generic versions of its Signature Care brand over-the-counter drugs containing acetaminophen are “rapid release,” a new class action lawsuit alleges. 

Plaintiff Christine Bischoff claims Albertsons “cheats” its customers by representing that its Signature Care acetaminophen drugs are “rapid release,” arguing they actually dissolve slower than non-rapid release offerings. Albertsons Companies also sells the product at subsidiaries Safeway, Inc. and Acme Markets, Inc. 

“Despite what Defendants’ marketing and labeling would have consumers believe, the Class Rapid Release Gelcaps do not provide faster pain relief than their non-rapid release counterparts,” the Albertsons class action states. 

Bischoff argues Albertsons “have misled and continue to mislead” consumers about the “nature, quality and effectiveness” of its Signature Care brand rapid release acetaminophen products. 

Consumers who see the drugs labeled as “rapid release” reasonably expect that to mean that they work faster than non-rapid release products “with the same active ingredients and of the same dosage,” the Albertsons class action alleges. 

Albertsons class action alleges testing shows Signature Care’s ‘rapid release’ drugs dissolve more slowly than non-rapid release drugs

Bischoff claims that testing by Valisure, an independent analytical pharmacy, has shown that Signature Care rapid release gelcaps actually dissolve more slowly than Signature Care-branded non-rapid release acetaminophen products. 

Further, Bischoff argues Albertsons has known that its Signature Care brand acetaminophen products labeled as rapid release work no faster than its non-rapid release offerings.

“Defendants have long known or should have known that traditional, non-rapid release acetaminophen products can be equally effective in the same, if not faster, in the same time period than the Class Rapid Release Gelcaps,” the class action states. 

Bischoff claims Albertsons is guilty of fraud, unjust enrichment and negligent representation and in violation of New York General Business Law. 

Bischoff wants to represent a nationwide class and New York subclass of consumers who have purchased a Signature Care acetaminophen drug claiming to be “rapid release.” 

She demands a jury trial and requests declaratory and injunctive relief along with actual, compensatory, statutory and/or punitive damages for herself and all class members. 

A consumer filed a class action lawsuit last month with similar claims. 

Have you purchased a Signature Care brand acetaminophen product marketed as “rapid release”? Let us know in the comments! 

The plaintiff is represented by Neal J. Deckant and Julia K. Venditti of Bursor & Fisher, P.A. 

The Signature Care acetaminophen rapid release class action lawsuit is Bischoff v. Albertsons Companies, Inc., et al., Case No. 7:22-cv-04961, in the U.S. District Court for the Southern District of New York.

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