Kroger Escapes Class Action Over Pain Patches

A class action lawsuit alleging that Kroger brand’s lidocaine patches were falsely advertised has been dismissed. The suit claimed that the patches fall off within minutes after being applied to the skin, despite promising pain relief for hours.

The lawsuit, filed May 23, claimed that Kroger, which manufactures and markets pain relief patches with 4% lidocaine, violated both federal and state consumer laws.

Plaintiff Tina Lee said that Kroger’s lidocaine patches use misleading marketing terms such as:

  • Maximum Strength
  • Up to 8 hours of relief
  • For Temporary Relief of Pain
  • Provides Numbing Relief
  • Desensitize Aggravated Nerves

Lee’s lawsuit alleged that Kroger’s lidocaine patches do not offer the implied benefits on the product labels. The suit also claimed that Kroger failed to prove in clinical studies that its pain relief patch can stick to a consumer’s skin, something that other companies selling similar patches have accomplished, according to Lee.

The class action also said that Kroger had been aware of the pain patches falling off of consumers’ bodies because of online user comments, but they neglected to rectify problems with the product or revise the product’s labeling.

The price for Kroger brand lidocaine patches is $8.99 for six patches, excluding tax, which is more expensive than similar products, Lee’s lawsuit said. This premium price, the plaintiff argued, is directly related to the false and misleading marketing claims.

Although Lee’s lawsuit against Kroger has been dismissed voluntarily, it was filed at a time when similar lidocaine patch lawsuits were being filed against Walmart and Walgreens.

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