SAN DIEGO (Legal Newsline) – Why is infant’s acetaminophen more expensive than children’s, a new class action lawsuit asks.
Joanna Ceballos-Birney is suing Walmart in San Diego federal court, having filed her case June 30. She alleges the two products contain the same amount of acetaminophen but are marketed and priced differently.
Walmart distributes the equate brand.
“Defendant purposely packages Infant’s products with distinctive and colored lettering of the word ‘infant’s’ on the product’s front-label, while packaging Children’s products with distinctive and colored lettering of the word ‘Children’s’ on the product’s front label,” the lawsuit says.
“Accordingly, Defendant distributes, markets and sells the products in a manner which deceives reasonable consumers into thinking that infants cannot safely take Children’s products.”
The products contain the same amount of acetaminophen in the same dosage amounts, the lawsuit says, even though Infant’s costs three times as much as Children’s.
“No reasonable consumer would pay approximately three times more for Infant’s products, as compared to Children’s products, unless he or she was deceived into thinking that infants cannot safely take the Children’s products.”