Walgreen Co. is at the center of a class action lawsuit alleging that the drug store chain and pharmacy company used misleading and deceptive trade practices regarding its store-branded lidocaine patches. Keep reading for more information.
Class Action Against Walgreen Co.
A class action lawsuit has been filed against Walgreen Co. for misleading trade practices related to its lidocaine patches. The lawsuit comes after a plaintiff and other members of the class found that the patches did not measure up to advertisement claims and the ingredient list was false.
The patches are advertised as pain relieving patches that provide maximum strength relief for up to 12 hours. The patches are also advertised as flexible but strong enough to stay in place once applied. However, despite these claims, the plaintiff found that not only did the patches fall off easily, but they failed to provide pain relief and did not last for up to 12 hours.
In fact, the claim that the patches had maximum strength pain relief is also false. Most patches on the market making similar “maximum strength” claims contained at least 5% lidocaine while the Walgreen Co. patches only contained 4%. The patches did not deliver on the advertising promises and the plaintiff claims that he and others paid a premium for pain relief only to suffer an injury because of the faulty patches.
The claim alleges that the deceptive marketing used by Walgreen Co. was in fact a violation of New York General Business Law and was in breach of express warranty in addition to violating the principles of unjust enrichment. The plaintiff is represented by our legal team at The Sultzer Law Group P.C.
Class Action Basics
When companies and corporations fail to follow the law and hurt or defraud consumers, a class action lawsuit can hold them accountable. There are many state and federal laws in place to protect consumers from unethical practices, but the one at the center of the Walgreen Co. case is New York General Business Law.
New York General Business Law is a code that includes many laws, regulations, and guidelines for businesses operating within New York state. It covers a wide variety of issues from the sale of goods and services to the use of child labor and marketing best practices.
The other two pillars of the class action lawsuit include breach of express warranty and violation of the principles of unjust enrichment. Breach of express warranty means that the plaintiff believes that the manufacturer of a product did not produce a product that performs as advertised. In the case of Walgreen Co., the lidocaine patches failed on all fronts – they do not stay put, are not maximum strength, and do not last up to 12 hours.
To prove this, our attorneys must prove that the product did not meet the explicit promises made by the manufacturer and that the plaintiff relied on the product to their detriment. In this case, our client used the patches but retained an injury regardless of their care to use the product properly.
The other pillar of this case is the violation of the principles of unjust enrichment. This means that the manufacturer promised a benefit to a paying consumer without the consumer receiving anything. Our client was promised a product that would relieve their pain, but Walgreen Co. failed to deliver.
To prove this, it is necessary to point out that the plaintiff paid the company for their lidocaine patches (the enrichment), but the patches were ineffective, and the plaintiff did not receive what they paid for (unjustly).
Pursuing Justice on Behalf of Our Clients
At The Sultzer Law Group P.C., we work tirelessly to help our clients recover the compensation they deserve for the unjust practices of large corporations. Our client and the others listed in the class action suit sought a pain relief treatment so they could live life pain free but instead spent their hard-earned money on ineffective products produced by a company who knowingly misled consumers. Our mission is to advocate for our clients in these cases and build a strong case on their behalf so that they may pursue the compensation they deserve while holding corporations responsible.
If you believe you have a claim, contact The Sultzer Law Group P.C. and take the first step toward rightful compensation.