Big Lots lidocaine patches class action overview:
- Who: A SoundBody lidocaine patch consumer is suing Big Lots, the company that sells them.
- Why: The plaintiff says the patches are falsely marketed because they fall off the body within hours.
- Where: The Big Lots lidocaine patches class action lawsuit was filed in a New York federal court.
Big Lots Inc. falsely markets its SoundBody lidocaine patches as being “maximum strength” because the adhesive does not hold them on the body long enough for them to have that impact, a new class action lawsuit alleges.
Plaintiff Katherine Barnes filed the class action lawsuit against Big Lots on Nov. 16 in a New York federal court, alleging violations of state and federal consumer laws.
Big Lots sells adhesive lidocaine patches under the SoundBody brand, the lawsuit states.
On the packaging, the patches are claimed to be“fast acting” lidocaine 4% “pain relieving ointment on a breathable adhesive pad,” “for back, neck, leg & arm,” formulated for “maximum strength.”
However, these claims are allegedly false, the lawsuit states.
Big Lots lidocaine patches peel off skin within hours, lawsuit alleges
The claim that the patches provide “pain relieving ointment on a breathable adhesive pad” is misleading because they regularly peel off skin within three to four hours, and sometimes in minutes, after being applied, Barnes alleges.
The result of the failure to adhere for twelve hours means that the products cannot deliver the “maximum strength” amount of lidocaine, she adds.
Meanwhile, the company also sells a menthol version of the product that claims it desensitizes aggravated nerves.
This claim is misleading because it “implies application of the patch will completely block and numbs nerves and pain receptors,” when it does not, the lawsuit alleges.
“As a result of the false and misleading representations, the Products are sold at a premium price, approximately no less than no less than $1.29 per patch, excluding tax and sales, higher than similar products, represented in a non-misleading way, and higher than it would be sold for absent the misleading representations and omissions,” Barnes says.
The plaintiff is looking to represent a New York class of consumer who bought the patches and a consumer fraud multi-state class of consumers from Idaho, North Carolina, Nebraska, Kansas, Mississippi, Utah, Oklahoma, Wyoming, Tennessee, South Dakota, Virginia, Louisiana and West Virginia.
Barnes is suing under state consumer laws and for breach of warranty and unjust enrichment. She seeks certification of the class action, damages, fees, costs and a jury trial.
This is the latest in a string of cases against companies selling lidocaine patches. Consumers have filed class action lawsuits this year against CVS, Target, Dollar General, Veridian and Greenbrier International with similar claims.
Did you buy Big Lots lidocaine patches? Let us know you experience in the comments.
The plaintiff is represented by Spencer Sheehan of Sheehan & Associates PC.
The Big Lots class action lawsuit is Katherine Barnes, et al. v. Big Lots Inc., Case No. 7:22-cv-09782, in the U.S. District Court for the Southern District of New York.
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6 thoughts onBig Lots class action claims store-brand lidocaine patches falsely advertised
I’ve used their patches,and have not had any luck keeping them on
I’ve used the patches and I agree they are falsely advertised. They don’t provide the relief like it says. Please add me
Please add me
Please add me
please add
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