Walmart Class Action Says Equate Rapid Release Pills Misrepresented

A recent class action alleges that Walmart’s Equate Extra Strength Acetaminophen PM Rapid Release Gelcaps are not as effective as similar brand name pain relievers, despite the company’s representations.

Acetaminophen is a popular over-the-counter pain reliever commonly used to treat headaches, fevers, pain, and other conditions.

In 2005, Johnson & Johnson released Tylenol Extra Strength Rapid Release Gels to the public, advertising the gel caps as being equipped with “with holes to allow [for] the release of powerful medicine even faster than before.” The PM version of the product was released three years later.

Soon after the rapid release Tylenol was available, Walmart reportedly released their own version of the drug under their brand Equate. The company also released a PM version of the drug similar to Johnson & Johnson’s Tylenol PM.

According to the Walmart acetaminophen class action, the company markets their rapid release acetaminophen as comparable to Tylenol. However, this is allegedly untrue, as the Walmart acetaminophen remains significantly less effective than the Tylenol version.

Walmart acetaminophen allegedly does not contain the same rapid release technology as Tylenol. In fact, the Walmart class action points to a new study which shows that Walmart acetaminophen rapid release gels dissolve slower than Walmart’s other non-rapid release acetaminophen products.

Despite their product being less effective, Walmart reportedly charges a premium price for their rapid release gelcaps.

“Walmart sells its rapid release gelcaps with false, misleading, unfair, deceptive labeling and marketing in an effort to dupe consumers into purchasing these gelcaps for prices that exceed their true value,” the Walmart acetaminophen class action claims. “Walmart has pursued and continues to pursue this course of conduct in order to profit off of unassuming, unwitting consumers looking for the fastest pain-relief possible from an over-the-counter acetaminophen product.”

Plaintiff Toya Edwards argues that she and other consumers would not have paid a premium price for the Walmart acetaminophen products had they been aware that they are not as effective as Tylenol or even other Walmart products.

Edwards claims that Walmart’s representations of their acetaminophen products are misleading and deceptive.

The Walmart acetaminophen class action brings a variety of claims including violation of California’s False Advertising Law, California’s Unfair Competition Law, the California Consumer Legal Remedies Act, the Song-Beverly Consumer Warranty Act, the Magnuson-Moss Warranty Act, and more.

Johnson & Johnson faces similar claims from another California consumer alleging that their rapid release tablets work more slowly than the less expensive regular Tylenol products.

Similarly to Edwards, the Tylenol plaintiff argues that he and other consumers were tricked into paying significantly more for a product that is less effective than a cheaper option.

Edwards seeks to represent a Class of consumers who purchased Walmart acetaminophen rapid release gelcaps in the state of California.

The Walmart acetaminophen class action seeks injunctive relief, actual damages, punitive damages, restitution, disgorgement, court costs, and attorneys’ fees.

Edwards is represented by Crystal Foley and Mitchel M. Breit of Simmons Hanly Conroy LLC.

The Walmart Equate Acetaminophen Class Action Lawsuit is Edwards v. Walmart Inc., Case No. 2:18-cv-09655, in the U.S. District Court for the Central District of California.