CVS Maximum Strength Lidocaine Patches Not Actually Maximum Strength, Says Class Action

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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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