CVS Lidocaine Patches Prematurely Peel off Before Giving Promised Dose, Says Class Action

CVS Lidocaine Patches Class Action Lawsuit Overview: 

• Who: Monique Bell filed a class action lawsuit against CVS Pharmacy, Inc. 
• Why:  Bell claims CVS sells lidocaine patches which prematurely peel off.
• Where: The class action lawsuit was filed in New York federal court

CVS Pharmacy markets and sells lidocaine patches which prematurely peel off after only a few hours of use, a new class action lawsuit alleges. 

Plaintiff Monique Bell claims the patch’s inability to stay on the skin keeps consumers from getting up to 12 hours of a “Maximum Strength” lidocaine dose, as the packaging promises. 

Bell wants to represent a nationwide Class and New York subclass of consumers who have purchased CVS Lidocaine Patches. 

Bell says she chose to pay more for the CVS Lidocaine Patches on multiple occasions, believing representations that they would stay on her body for up to 12 hours. 

The lidocaine patches repeatedly failed to provide the amount of pain relief that the packaging promised, however, since they would peel off well-before 12 hours, says Bell.

“Plaintiff became frustrated when her Lidocaine Patches peeled off her body while engaging in regular activities—such as walking, sitting, stretching, and sleeping—well before the represented 12 hours, through no fault of her own,” the class action lawsuit states. 

Bell claims CVS is aware its lidocaine patches do not properly stick to consumers, pointing to “dozens of complaints” left on the company’s website. 

The FDA has also done reports and scientific studies on the efficacy of lidocaine patches, finding the transdermal mechanism of delivery — which CVS’ lidocaine patches use — is not effective, according to the class action lawsuit. 

“According to FDA reports, transdermal drug delivery systems, such as the one used by Defendant, systematically fail to adhere to the body,” the class action lawsuit states. 

Bell claims CVS is in violation of New York General Business Law, New York’s Warranty Act, and the Magnuson-Moss Warranty Act. 

Plaintiff is demanding a jury trial and requesting injunctive relief along with compensatory and punitive damages for herself and all Class Members. 

Earlier this month, a federal judge in Illinois declined to dismiss a class action lawsuit filed against CVS that alleges the company repeatedly placed illegal robocalls to consumers across the country. 

Have you had trouble getting CVS Lidocaine Patches to stay attached to your skin? Let us know in the comments! 

The plaintiff is represented by Adrian Gucovschi of Gucovschi Rozenshteyn, PLLC.

The CVS Lidocaine Patches Class Action Lawsuit is Bell v. CVS Pharmacy, Inc., Case No. 1:21-cv-06850, in the U.S. District Court for the Eastern District of New York.

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