Cortizone-10 class action claims hydrocortisone falsely marketed as ‘maximum strength’

Cortizone-10 class action overview: 

• Who: Plaintiff Kristyn Thompson filed a class action lawsuit against Sanofi-Aventis U.S., LLC. 
• Why: Thompson claims that Sanofi-Aventis sells a 1% cortisone cream marketed as maximum strength hydrocortisone when the maximum strength in the marketplace is 3%.
• Where: The Cortizone-10 class action was filed in federal court in California.

Plaintiff Kristyn Thompson has filed a class action lawsuit against Sanofi-Aventis U.S. claiming that the company sells and markets its Cortizone-10 product as maximum strength hydrocortisone when, in fact, the maximum strength of hydrocortisone in similar products in the marketplace is 3% instead of the 1% of cortisone in Cortizone-10.

That leads to confusion from consumers as they choose products based upon labels, the Cortizone-10 class action states.

“Consumers, including Plaintiff, lack the scientific knowledge necessary to determine whether the Products are “Maximum Strength” hydrocortisone products or to ascertain the true nature of the quality or strength of the Products,” the Cortizone-10 class action states. “As such, reasonable consumers must and do rely on manufacturers, like Defendant, to be transparent and adequately disclose on the packaging all material information regarding the Products and their dose and strength.”

Thompson purchased the product for $9.99 at Target based upon the label but was disappointed when the anti-itch cream did not include the maximum strength of cortisone in the marketplace. The plaintiff said that she would purchase the product in the future if it included the maximum strength of cortisone.

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Two classes, one who purchased products in California and one across the United States, have been requested by the plaintiff in the Cortizone-10 class action lawsuit.

The class has requested statutory and compensatory damages, interest, injunctive relief, restitution and monetary relief as well as reasonable attorneys’ fees related to the maximum strength hydrocortisone class action claims.

Ten drug companies were fined £260 million by the Competition and Markets Authority (CMA) for charging the National Health Service (NHS) in the United Kingdom excessively high prices for hydrocortisone tablets.

Do you rely on maximum strength labels when choosing a medication? Let us know in the comments.

The plaintiff is represented by Erika Angelos Heath of Francis Mailman Soumilas, P.C., and Kevin Laukaitis of Laukaitis Law LLC.

The Cortizone-10 class action lawsuit is Thompson v. Sanofi-Aventis US LLC, Case No. 3:23-cv-03073-JD, in the U.S. District Court for the Northern District of California.

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