Walgreens class action claims retailer sells unsafe OTC UTI drug

Walgreens class action overview: 

• Who: Walgreens is facing a class action lawsuit for selling PhenAzo to treat urinary tract infections. 
• Why: PhenAzo has not been approved by the U.S. Food and Drug Administration and has not been approved for an over-the-counter drug monograph.
• Where: The Walgreens UTI drug lawsuit was filed in federal court in California.

Walgreens is facing a class action lawsuit in California federal court for selling PhenAzo as a drug for urinary tract infections (UTI) despite its lack of approval by the U.S. Food and Drug Administration.

Over-the-counter drugs must be determined to be safe and effective for a use after going through the FDA approval process or must have a drug monograph, the UTI drug lawsuit says.

Drug monographs are a separate process for approving an over-the-counter drug that also requires scientific FDA approval. In a monograph, the FDA approves an over-the-counter drug for therapeutic use in a category, which does not require approval as a specific finished drug.

“A reasonable consumer understands there are procedures, policies, and regulations in place for bringing drugs to market — i.e., a reasonable consumer understands that there is some sort of approval process that drugs must be subjected to before they can be legally sold to consumers,” the Walgreens UTI drug lawsuit says. “A reasonable consumer also understands that if Walgreens — a trusted local pharmacy — is selling a drug, marketed as a finished product, that such drug is approved for lawful sale.”

Lawsuit claims PhenAzo sale violates implied, express warranty

Walgreens sells its store brand of PhenAzo under the label “Urinary Pain Relief.”

Walgreens is violating express warranty by selling a product that does not have FDA approval, along with an implied warranty of merchantability, the Walgreens UTI drug lawsuit claims.

The proposed class includes those who purchased the product in California in the last four years.

Walgreens reached a $360 million settlement with Humana in a complaint saying that the pharmacy chain overcharged the insurance carrier for prescription drugs.

Have you purchased PhenAzo for a UTI from Walgreens? Let us know in the comments.

The plaintiff is represented by Robert Tauler of Tauler Smith and Kevin J. Cole of KJC Law Group APC. 

The Walgreens class action lawsuit is Argueta v. Walgreens Co., et al., Case No. 1:24-cv-00072-JLT-CDB, in the U.S. District Court for the Eastern District of California.

Read About More Class Action Lawsuits & Class Action Settlements:

• Senators launch investigation into high asthma inhaler prices
• Walgreens agrees to settlement in Humana drug overcharge lawsuit
• FDA allows Florida to import drugs from Canada
• Class action lawsuit alleges Publix sold ineffective Tylenol, Sudafed products containing phenylephrine