SAN FRANCISCO (Legal Newsline) — A consumer class action lawsuit alleges Rite Aid is misleading consumers with its "maximum strength" labeling of its lidocaine patch.
Steven Prescott, individually and on behalf of all others similarly situated, filed a complaint Oct. 6 in the U.S. District Court for the Northern District of California against Rite Aid Corporation alleging fraud, violations of California's Unfair Competition Law and False Advertising Law and other claims.
According to Prescott's class action, he purchased Rite Aid's "Maximum Strength" lidocaine patch on multiple occasions. He claims the product's label is false and misleading by representing the product is "maximum strength" because other lidocaine products on the market contain higher amounts of lidocaine.
Prescott further claims Rite Aid's misrepresentations caused class members to purchase the products at a "substantial price premium" and that the "maximum strength" is in a "prominent and conspicuous" position to falsely induce consumers. He alleges that Rite Aid also failed to properly disclose on its packaging that there are other prescription products available in the market that contain a higher percentage of lidocaine.
Prescott further claims Rite Aid's mislabeling of the products "form a pattern" of unlawful and unfair business practices that harm consumers.
Prescott and the class seek monetary relief, trial by jury and all other just relief. They are represented by Kevin Laukaitis of The Shub Law Firm LLC in Haddonfield, N.J.; Spencer Sheehan of Sheehan & Associates PC in Great Neck, N.Y.; Nick Suciu III of Barbat Mansour Suciu & Tomina PLLC in Bloomfield Hills, Mich.; Trenton Kashima of Milberg Coleman Bryson Phillips Grossman PLLC in San Diego; and Charles Schafer and David Magagna, Jr., of Levin, Sedran & Berman LLP in Philadelphia.
U.S. District Court for the Northern District of California case number 5:22-CV-05798-BLF