Bed Bath & Beyond, Inc. makes products under the Core Values brand, including “maximum strength” pain relief patches that are supposed to deliver 4% lidocaine for hours. The complaint for this class action alleges that the advertising and packaging for the product are misleading, because of the product’s adhesion, “maximum strength” designation, and claims of desensitization.
Two classes have been defined for this action:
- The New York Class is all persons in New York who bought the product during the applicable statutes of limitations.
- The Consumer Fraud Multi-State Class is all persons in North Carolina, Oklahoma, Wyoming, Virginia, Idaho, Arizona, Louisiana, Mississippi, Arkansas, Texas, and Iowa who bought the product during the applicable statutes of limitations.
The complaint defines lidocaine as “a topical anesthetic used to treat pain by blocking the transmission of pain signals from nerve endings in the skin to the spinal cord and brain.”
Page 1 of the complaint shows an image of the box, which bears the words “Maximum Strength,” “Desensitizes aggravated nerves and relieves pain,” “Lidocaine 4%,” and “Stay-put flexible patch,” among other things.
Page 3 reproduces the Directions panel for the product, which among other things tells the consumer to “Use one patch for up to 12 hours.”
In 2003, when the Food and Drug Administration (FDA) reviewed over-the-counter skin patches with lidocaine, the complaint alleges that one problem was that they did not stick well to the body. The complaint claims this compromises dosing. A 2021 study also found that the generic lidocaine patches it tested did not adhere fully after twelve hours.
The complaint speculates that “the Product uses that same adhesion technology” and that “the Product cannot adhere for twelve hours, which renders the Directions misleading…” In fact, the claims, “[s]tudies have shown the Product is unable to adhere to the skin for more than four hours, often peeling off within minutes of light activity…”
The complaint also claims that the “maximum strength” claim is misleading, in part because “newly developed adhesive technology delivers the bioequivalence of 5% lidocaine in patch form and maintains adhesion for at least twelve hours under normal conditions.”
Finally, it contends that the product’s claim to “[d]esensitize[] aggravated nerves” is misleading because it leads consumer to believe that it will completely numb nerves and block pain receptors, which it does not do. It alleges that this is inconsistent with product’s Use panel, which promises that it only “[t]emporarily relieves minor pain.”
The complaint also alleges that the FDA found that “statements about desensitizing nerves and numbing pain were misleading in the context of transdermal patch delivery systems” because “consumers associate such statements with medical treatments requiring a prescription and FDA approval.”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Core Values “Maximum Strength” Lidocaine Patches Complaint
December 22, 2022
Bed Bath & Beyond, Inc. makes products under the Core Values brand, including “maximum strength” pain relief patches that are supposed to deliver 4% lidocaine for hours. The complaint for this class action alleges that the advertising and packaging for the product are misleading, because of the product’s adhesion, “maximum strength” designation, and claims of desensitization.
Core Values “Maximum Strength” Lidocaine Patches ComplaintCase Event History
Core Values “Maximum Strength” Lidocaine Patches Complaint
December 22, 2022
Bed Bath & Beyond, Inc. makes products under the Core Values brand, including “maximum strength” pain relief patches that are supposed to deliver 4% lidocaine for hours. The complaint for this class action alleges that the advertising and packaging for the product are misleading, because of the product’s adhesion, “maximum strength” designation, and claims of desensitization.
Core Values “Maximum Strength” Lidocaine Patches Complaint