NEW YORK (Legal Newsline) – Pain relief patches sold at Walmart are useless because they fall of users’ bodies, a new lawsuit says.
Naomy Altagracia Gonzalez Rodriguez sued Walmart on April 11 in New York federal court, seeking to represent a class of customers who have purchased Equate brand lidocaine patches.
At issue are claims the patches are maximum strength, easy to apply, stay put and last up to 12 hours.
“(D)espite proper application, within a short time the products commonly fall off of consumers’ bodies, thus depriving consumers of the advertised benefits,” the suit says. “Moreover, Defendant labels some of the products as providing a ‘maximum strength’ dose despite these products only containing 4% lidocaine.”
Other companies offer products that contain 5% lidocaine, meaning Walmart’s brand is not “maximum strength,” the suit says. The Sultzer Law Group is pursuing the case.
The case seeks $50 in statutory damages per transaction, then tripled under New York’s General Business Law. It also wants $500 per transaction pursuant to another section of law, as well as punitive fees.