Maker of Signature Care Lidocaine Patches Overstates Product’s Effectiveness, Class Action Says

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A proposed class action claims Albertsons Companies, Inc. has misled consumers about the efficacy of its Signature Care-brand adhesive lidocaine patches.

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According to the 26-page lawsuit, the front-label claims that the product is a “[s]tay-put flexible patch” that provides “Maximum Strength” pain relief and “[d]esensitizes aggravated nerves & relieves pain” are misleading because the patches adhere to the skin for no longer than four hours and “often peel[] off within minutes of light activity.” Albertsons’ representations imply that the patches provide benefits beyond their actual capabilities as over-the-counter (OTC) products that are less potent than prescription lidocaine patches and which lack FDA approval, the suit alleges.

The case argues that although the drug facts panel on the back label directs consumers to “[u]se one patch for up to 12 hours,” the lidocaine patches at issue “cannot ‘Stay-put’ for any time even approaching twelve hours.” Indeed, the complaint explains, the product uses the same “defective adhesion technology” as other generic, OTC patches which have been shown to peel off the skin within four hours—sometimes even minutes—of application.

The filing contends that the Signature Care patches’ “Maximum Strength” claim deceives consumers, not only because higher-strength products are available with a prescription, but because the “adhesion deficiencies” substantially inhibit the delivery and absorption of lidocaine into the skin.

As the suit tells it, the claim that the product at issue “[d]esensitizes aggravated nerves & relieves pain” is “inconsistent and contradictory” with the fine print of the drug facts panel that merely states the patches “[t]emporarily relieve[] minor pain.”

Per the case, federal and state laws deem a product misbranded if its labeling contains misleading statements or claims.

The lawsuit looks to represent anyone in Maryland who purchased Signature Care-brand adhesive lidocaine patches within the state during the applicable statute of limitations period.

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