CVS 3% Hydrogen Peroxide Solution Does Not Help Healing Class Action

What should you use the 3% hydrogen peroxide solution from CVS Pharmacy, Inc. for? The complaint for this class action alleges that the product is commonly used improperly and that its labels suggest a use that it is not authorized to claim, that is, the “treatment of minor cuts & abrasions[.]”

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 Montana, Alabama, Arkansas, Utah, Kansas, Alaska, Wyoming, and Nebraska who bought the product during the applicable statutes of limitations.

Page 1 of the complaint shows an image of the hydrogen peroxide bottle, which identifies itself as a “First Aid Antiseptic” and “Oral Debriding Agent” along with the suggestion that it should be used, among other things, “[f]or treatment of minor cuts and abrasions.”

In first aid care, the complaint defines an “antiseptic” as “a chemical with antimicrobial activity, applied to the skin to help prevent infection in minor cuts, scrapes, and burns.”

But the fact that the hydrogen peroxide is an antiseptic may not say anything about whether it is good for healing once the wound has been cleaned. The complaint alleges, “While the bactericidal effects of hydrogen peroxide can help clean a cut or abrasion and initially kill bacteria, its caustic properties negatively [affect] healthy cells involved in wound healing.”

Page 3 of the complaint shows an image of the product’s back label. Under “Uses,” the first item is “first aid to help prevent the risk of infection in minor cuts, scrapes and burns.” The complaint alleges that this is an authorized statement for the product and that it is different from the statement on the front, “For treatment of minor cuts and abrasions,” which the complaint claims the product is not authorized to claim.

The complaint further asserts that “the Mayo Clinic and numerous medical studies advise that it does not help treat minor cuts and abrasions.” Most “cuts, burns, scrapes and abrasions,” the complaint alleges, heal themselves.

The complaint provides a brief overview of the healing process for a wound, then alleges that the statement “For treatment of minor cuts and abrasion” “tells purchasers it will assist in the healing process and shorten healing time, when this statement is false, misleading, and not authorized by any applicable body.”

According to the complaint, the misrepresentations that the hydrogen peroxide would help in healing minor cuts and abrasions is false or misleading, and CVS “sold more of the Product and at higher prices than it would have in the absence of this misconduct, resulting in additional profits at the expense of consumers.”

Article Type: Lawsuit
Topic: Consumer
Tags: Deceptive Advertising, Deceptive Labels, Item Does Not Do What It Is Advertised to Do, Negligent Misrepresentation