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CVS “Maximum Strength” 4% Lidocaine Products Class Action

CVS Pharmacy, Inc. sells pain relieving products with lidocaine, in the form of patches, creams, roll-ons, sprays, and menthol products, which are labeled as being “Maximum Strength.” But the complaint alleges that this is untrue, because they contain only 4% lidocaine while other, similar products contain 5% lidocaine.

The National Class for this action is all persons in the US who bought the products at issue in the US, for personal use and not for resale, during the fullest period allowed by law. A California subclass has also been defined, for those in the above class who are in California and who bought the products in California.

The products at issue include the following CVS Health brand products:

  • Lidocaine Pain-Relieving Unscented Patches
  • Maximum Strength Lidocaine Pain Relief Cream
  • Maximum Strength Lidocaine Plus Spray
  • Maximum Strength Lidocaine Pain Relief Roll-On with Lavender Essential Oil
  • XL Maximum Strength Lidocaine Pain Relief Patch
  • Maximum Strength Lidocaine Cream
  • Maximum Strength Pain Relief Patch

People buy these kinds of products to relieve pain caused by such things as arthritis, backache, muscle strains, and bruises. The complaint alleges that for such people, the strength of the dose of medicine provided is an important point, and people are willing to pay more for pain relief products with stronger doses. According to the complaint, CVS takes advantage of this by representing on the front of the packaging that the products are “Maximum Strength.”

But the complaint alleges that CVS knows these representations are false and deceptive because the products contain only 4% lidocaine, while some competitors’ products may contain 5%. For example, the complaint alleges that CVS cream products contain 4% lidocaine, while “similar creams manufactured by at least one of [CVS’s] competitors contain 5% lidocaine and are also available over-the-counter as [CVS’s] products are.”

In addition, the complaint claims, CVS has omitted from the labeling that prescription products in the market may contain higher doses of lidocaine as well, leading customers to believe, falsely, that they cannot buy any products with higher doses of lidocaine.

To demonstrate that CVS does charge a premium for its “Maximum Strength” lidocaine products, the complaint compares the price of a competitor’s lidocaine patches with the price of the CVS “Maximum Strength” patches. It claims that the competitor’s patches are priced at roughly 86 cents per patch, while the CVS “Maximum Strength” patches are roughly $2.25 per patch.

The complaint alleges that CVS’s “knowing, multiple, and prominent systematic mislabeling of the Products form a pattern of unlawful and unfair business practices that deceives and harms consumers and the public.”

The counts include fraud, unjust enrichment, and violation of California laws, including its Unfair Competition Law, its False Advertising Law, and its Consumer Legal Remedies Act.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

CVS “Maximum Strength” 4% Lidocaine Products Complaint

February 17, 2022

CVS Pharmacy, Inc. sells pain relieving products with lidocaine, in the form of patches, creams, roll-ons, sprays, and menthol products, which are labeled as being “Maximum Strength.” But the complaint alleges that this is untrue, because they contain only 4% lidocaine while other, similar products contain 5% lidocaine.

CVS “Maximum Strength” 4% Lidocaine Products Complaint

Case Event History

CVS “Maximum Strength” 4% Lidocaine Products Complaint

February 17, 2022

CVS Pharmacy, Inc. sells pain relieving products with lidocaine, in the form of patches, creams, roll-ons, sprays, and menthol products, which are labeled as being “Maximum Strength.” But the complaint alleges that this is untrue, because they contain only 4% lidocaine while other, similar products contain 5% lidocaine.

CVS “Maximum Strength” 4% Lidocaine Products Complaint
Tags: Deceptive Advertising, Deceptive Labels, Maximum Strength Claims