Plaintiff Requests Certification Of Rite Aid Class Action Lawsuit
The lead plaintiff of the class action lawsuit against Rite Aid seeks to gain class certification from the judge.
Lead plaintiff Thomas Bailey filed the class action lawsuit against Rite Aid Corporation in 2018 at a California federal court.
The lead plaintiff alleges that the company has falsely advertised their product, Rite Aid Acetaminophen Rapid Release Gelcaps. He asserts that the company misled customers about the speed of release of their painkillers.
He believes that the company intentionally used the term “rapid release” to attract and deceive customers into buying their products. He adds that the company’s claim is false and that customers paid a higher price because of its false label.
It seeks to represent a class of California residents who were affected by the issue.
Rapid Release Acetaminophen
The class action argues that the company has knowingly deceived consumers about the release speed of their rapid release acetaminophen product.
Rite Aid’s Acetaminophen Rapid Release Gelcaps is used to treat aches and pains. The lead plaintiff attests that he has bought the product for personal use because it was labeled “rapid release.” He insists that he expected that the product would perform better than regular acetaminophen products.
The class action lawsuit contends that the drugstore giant, Rite Aid, claimed that their product’s performance is comparable to Tylenol’s rapid release acetaminophen.
However, it complains that the release speed is significantly lower than Tylenol. It also adds that Rite Aid’s product did not contain laser-drilled holes. The said laser-drilled holes allegedly help speed up the release of the painkiller.
In April 2021, the lead plaintiff requested U.S. District Judge Yvonne Gonzalez Rogers to approve the proposed class certification.
Jay N. Varon, Rite Aids’s counsel, working for Foley & Ladner LLP, declared that the complainant will still need to provide enough evidence to support its allegations against the company.
Rite Aid’s counsel states that there are class action lawsuits that were not certified because the plaintiff failed to provide enough evidence. They have cited a former class action lawsuit against Jarrow Formulas, Inc. that a federal judge rejected.
The lead plaintiff’s attorney argued that common evidence should be used to prove that the company deceived its customers. It adds that a class action lawsuit against Kellog Sales Co. alleging similar false marketing claims was certified by a federal judge.
Federal Judge Yvonne Gonzales Rogers affirms that she would take into consideration both of the lawyer’s statements. However, she adds that the Ninth Circuit may have the final say since the judges who decided the cases cited by the lawyers were both at her level.
Editor’s Note on Rite Aid Rapid Release Class Action Lawsuit 2021:
This article is published to inform you of Rite Aid’s class action lawsuit’s latest update due to their rapid release of acetaminophen.
Case Name & No.: Bailey v. Rite Aid Corp., 3:18-cv-06926, US California court
Products/Services: Rite Aid Acetaminophen Rapid Release Gel Cap
Allegations: Rite Aid has falsely marketed its acetaminophen rapid release gel caps
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