A Northern California federal court mostly rejected initial challenges by defendant Hisamitsu America to a class action lawsuit bringing false advertising claims over the company’s lidocaine patches.
According to the plaintiff’s complaint, the patch is advertised by Hisamitsu as “Maximum Strength,” even though it “contains only 4% lidocaine while competing prescription patches contain 5% lidocaine.” Because “consumers can actually obtain a stronger dose comparable lidocaine patch that is available in the market,” the complaint alleges that the patch is not a “Maximum Strength” lidocaine product as advertised.
The court recognized that given these allegations, the plaintiff alleged cognizable injury in that “had they known the true facts regarding the patch’s ‘Maximum Strength’ representations and omissions” they would not have paid a premium or would not have purchased the patch.