Abraham Jewett  |  February 21, 2022

Category: Legal News

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CVS Lidocaine Patches Class Action Lawsuit Overview: 

  • Who: Sandra Chacon filed a class action lawsuit against CVS Pharmacy, Inc. 
  • Why: Chacon claims CVS Pharmacy falsely advertises that its CVS Health brand Maximum Strength Lidocaine Patches are maximum strength.
  • Where: The class action lawsuit was filed in California federal court.

CVS Pharmacy’s CVS Health brand Maximum Strength Lidocaine Patches are not actually maximum strength, a new class action lawsuit alleges.

Plaintiff Sandra Chacon claims CVS falsely advertises its lidocaine patches as maximum strength due to the fact at least one of its competitors sells patches containing a higher percentage of lidocaine. 

Chacon wants to represent a nationwide Class and California subclass of consumers who have purchased the CVS Health brand Maximum Strength Lidocaine Patches. 

Chacon claims the CVS Health brand lidocaine patches can not actually be maximum strength, since they contain only 4% lidocaine, compared to 5% for at least one of its competitors. 

CVS also fails to disclose that there are prescription lidocaine patches which have a higher lidocaine percentage than theirs, the class action lawsuit alleges. 

CVS Intentionally Misleads Consumers About Patches’ Strength

Chacon claims CVS intentionally misleads consumers about the strength of its lidocaine patches, arguing it knows its average customer is going to seek out the highest strength possible in order to relieve their pain. 

“Rather than accurately advertise its Products through its labeling, Defendant preys on consumers’ desire for maximum pain relief to drive substantial profits,” states the class action lawsuit. 

Chacon claims CVS is guilty of fraud and unjust enrichment and in violation of California’s Consumer Legal Remedies Act, False Advertising Law, and Unfair Competition Law.  

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

A similar class action lawsuit was filed last month against Walgreens by a consumer who claims the company falsely labels its lidocaine patches as maximum strength

Have you purchased CVS Health Maximum Strength Lidocaine Patches? Let us know in the comments! 

The plaintiffs are represented by Jonathan Shub and Kevin Laukaitis of Shub Law Firm LLC, Nick Suciu of Milberg Coleman Bryson Phillips Grossman PLLC, and Charles E. Schaffer and David Magagna of Levin, Sedran & Berman, LLP. 

The CVS Lidocaine Patches Class Action Lawsuit is Chacon v. CVS Pharmacy, Inc., Case No. 5:22-cv-00983, in the U.S. District Court for the Northern District of California.


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73 thoughts onCVS Maximum Strength Lidocaine Patches Not Actually Maximum Strength, Says Class Action

  1. Billy Warren says:

    Yes, this has been my experience as well. There is a specific product I always request as what they normally dispense is an inferior product, which does NOT adhere to the skin and is a total waste of money. Please add my name to this action.

  2. Monica Brody says:

    We get these patches, place them, and on the areas needed they do not stay. We even try to use tape they still come off. We have purchased these in every size and brand. No maximum pain relief no staying in place. Add me.

  3. Monica Brody says:

    We get these patches, place them, and on the areas needed they do not stay. We even try to use tape they still come off. We have purchased these in every size and brand. No maximum pain relief no staying in place.

  4. Linda Glover says:

    I used the Lidocaine patches and they don’t stay on no time nor do they help any pain not like they use to.

    1. VAN D JAMES says:

      I have used patches for years and never stay on longer than 3 to 5 hours

  5. Leslie Ashburn says:

    Add me

  6. LaVelle Walker says:

    I receive 30 Lidocaine Patches 5% from CVS Pharmacy 1x per month. They are Manufactured for : PAR PHARMACEUTICAL, CHESTNUT RIDGE, NY 10977
    MANUFACTURED BY:TEIKOKU SEIYAKU CO., LTD., SANBONMATSU, KAGAWA 769-2695, JAPAN
    These patches (rarely) stay on for more than 3 hours,(ONLY ON FLAT BODY PARTS-EX:BACK, LEG- NOT ON NECK/SHOULDERS OR KNEES but when they do stay adhered to my skin, they give me about 3-6 hours of relief, which is NOT 12 HOURS AS ADVERTISED!!

  7. Peggy Pertuset says:

    Please add me – they are not effective

  8. Erica billups says:

    Afd me I have so many that don’t work

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