Rite Aid Infants’ and Children’s Acetaminophen Prices Class Action

Acetaminophen can be dangerous, even fatal, if taken in large doses. Parents are particularly concerned about this when dosing infants. The complaint for this class action alleges that Rite Aid Corporation exploits this fear to charge more for its Infants’ acetaminophen product than for its identical children’s formula.

The Nationwide Class for this action is all persons who bought the Infants’ product, for personal use, in the US.

Rite Aid sells acetaminophen products under its Over the Counter (OTC) brand, including an Infants’ Fever Reducer & Pain Reliever and a Children’s Fever Reducer & Pain Reliever.

Plaintiff Gina Ostermeier-McLucas bought the Infants’ product because she believed that the Infants’ product was different from the Children’s product. The complaint claims that the marketing and labeling of the Infants’ product led her to believe it was “specifically formulated and designed for infants[.]”

According to the complaint, “despite the fact that the Products contain the same exact amount of acetaminophen in the same dosage amounts, [Rite Aid] markets and sells Infants’ Products to consumers, such as [Ostermeier-McLucas], at a substantially higher price than Children’s Products. In stores, the Infants’ Products cost approximately three times as much per ounce [as] Children’s Products for the same amount of medicine.”

How did this situation come to be? In former days, many manufacturers did in fact sell the Infants’ product in a different strength than the Children’s product. At that time, Infants’ products contained 80mg per 0.8 or 1.0 mL. The Children’s product contained 160 mg per 5mL. The Infants’ product was therefore considerably stronger than the Children’s one, because companies believed it was easier to use a dropper to place a limited amount of the medicine in a baby’s mouth than to get it to drink a 5mL cupful of the medicine.

Unfortunately, parents were sometimes confused about whether the amount their doctors had prescribed was the Infants’ product or the Children’s product. At times, this resulted in the parents giving the child too much of the stronger product, causing them to overdose.

The complaint says, “Between 2000 and 2009, US Food and Drug Administration (FDA) received reports of twenty (20) children dying from acetaminophen toxicity, and at least three (3) deaths were tied to mix-ups involving the two pediatric medicines.” In December 2011, in order to minimize such mix-ups in the future, the FDA decided that acetaminophen would only be sold in the weaker, Children’s strength.

At this time, the primary different between the Infants’ and Children’s products are that the Infants’ product comes with a syringe and the Children’s product comes with a small plastic measuring cup. The amount of medicine in each per mL is identical. However, certain makers—including Rite Aid—continue to charge considerably more for the Infants’ product.

Ostermeier-McLucas claims that she only bought the more expensive product because of Rite Aid’s “false, misleading, and deceptive representation that the Infants’ Products were formulated and designed” specifically for infants.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Rite Aid Infants’ and Children’s Acetaminophen Prices Complaint

July 1, 2020

Acetaminophen can be dangerous, even fatal, if taken in large doses. Parents are particularly concerned about this when dosing infants. The complaint for this class action alleges that Rite Aid Corporation exploits this fear to charge more for its Infants’ acetaminophen product than for its identical children’s formula.

Rite Aid Infants’ and Children’s Acetaminophen Prices Complaint

Case Event History

Rite Aid Infants’ and Children’s Acetaminophen Prices Complaint

July 1, 2020

Acetaminophen can be dangerous, even fatal, if taken in large doses. Parents are particularly concerned about this when dosing infants. The complaint for this class action alleges that Rite Aid Corporation exploits this fear to charge more for its Infants’ acetaminophen product than for its identical children’s formula.

Rite Aid Infants’ and Children’s Acetaminophen Prices Complaint
Tags: Breach of warranty, Deceptive Advertising, Deceptive Labels