Walmart
TINA.org investigations into Walmart have revealed that the retail giant repeatedly engaged in false and deceptive Made in USA marketing on its website, and used undisclosed stealth marketing directed at…
Equate Infant’s and Children’s Pain & Fever Acetaminophen
In June 2020, a class-action lawsuit was filed alleging that Walmart misleads consumers by marketing Equate™ Infant’s Pain & Fever Acetaminophen and Equate™ Children’s Pain & Fever Acetaminophen as different products and charging more for the Infants’ medication when, according to plaintiffs, the products contain the same amount of the active ingredient acetaminophen and are interchangeable if consumers adjust the dosage of the medicine based on the weight and age of the child. (Ceballos-Birney et al v. Walmart Inc., Case No. 20-cv-1224, S.D. Cal.)
For more of TINA.org’s marketing of acetaminophen products, click here.
Legal Action
Class-Action Tracker
Equate Acne Products
Allegations: Misleadingly representing that products were safe when they contain, or were at risk of containing, the carcinogen benzene
Equate Cold and Flu Medicines
Allegations: Falsely marketing products as non-drowsy
equate Sport Sunscreen Spray
Allegations: Falsely marketing sunscreens as “Reef Friendly”
equate Upper Arm Blood Pressure Monitors
Allegations: Falsely marketing that devices accurately measure blood pressure
equate Sunscreens
Allegations: Falsely marketing sunscreens as “Reef Friendly”
Mucinex, Tylenol, Sudafed PE, Robitussin, Theraflu, Vicks, and Other Cold and Flu Medicines
Allegations: Falsely marketing that medicines treat nasal congestion
Sudafed, Benadryl, Vicks NyQuil, Mucinex, and Walmart’s Equate
Allegations: Falsely marketing that medicines treat congestion
Sudafed, Benadryl, Mucinex Robitussin, and Walmart’s Equate Cold and Flu Medicines
Allegations: Falsely marketing that medicines relieve nasal congestion and sinus pressure
Equate Phenylephrine Cold and Flu Medicines
Allegations: Falsely marketing that medicines combat congestion and other sinus issues
DayQuil, NyQuil, and Walmart’s Equate
Allegations: Falsely marketing that medicines relieve nasal decongestion
Sudafed, CVS, Advil, Up & Up, Signature Care, Equate, and Tylenol Cold and Flu Medicines
Allegations: Falsely marketing that medicines treat nasal congestion
Equate “Non-Drowsy” Cold and Flu Medicines
Allegations: Misleadingly marketing medicines as “non-drowsy” when an ingredient in them causes drowsiness
Equate Kids Sunscreen Stick and Other Sunscreens
Allegations: Falsely marketing sunscreens as “hypoallergenic” when they contain a significant amount of allergens, irritants, and other damage-causing chemicals
equate Hydrogen Peroxide
Allegations: Falsely marketing the product treats minor cuts and abrasions when scientific evidence shows it does not have such treatment capabilities
Equate Lidocaine Patches
Allegations: Misleadingly marketing lidocaine pain relief patches
Equate Dry Spray
Allegations: Failing to disclose products contain the carcinogen benzene
Equate Oil-Free Cosmetics
Allegations: False “oil-free” claims
Store-Brand Hand Sanitizers
A class-action lawsuit was filed against Vi-Jon for allegedly falsely marketing that store-brand hand sanitizers – including Equate, Up & Up, Walgreens, and Germ-X – “Kill[] 99.99% of germs” when,…
Equate Infant’s Pain & Fever Acetaminophen
In August 2020, a class-action lawsuit was filed against Perrigo Company and Walmart for allegedly misleadingly marketing that Equate Infant’s Pain & Fever Acetaminophen is formulated specifically for infants and…
Several Store-Brand Hand Sanitizers
In July 2020, a class-action lawsuit was filed against Vi-Jon, Inc. for allegedly falsely advertising that germ-X and several store-brand hand sanitizers – including CVS Health, equate (Walmart), and Walgreens…
Equate™ Rapid Release Products
April 2019: A federal judge dismissed certain claims but allowed the false advertising claims to move forward. November 2018: A class-action lawsuit was filed against Walmart for allegedly misleadingly marketing…
Equate High Absorption CoQ-10
December 2017: This case was voluntarily dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled., the reasons for which have not been…
Equate Migraine
December 2013: This case was voluntarily dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled., the reasons for which have not been…
Walmart’s Equate Migraine
April 2016: The Ninth Circuit Court of Appeals affirmed the dismissal concluding that the complaint failed to state a claim upon which relief could be granted. (Case No. 14-55752, 9th…
Equate Migraine Pain Reliever
December 2013: This case was voluntarily dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled., the reasons for which have not been…
Walmart’s Equate Co-Q10
September 2016: A federal judge granted the named plaintiff’s motion to voluntarily dismiss this action and imposed two conditions on the dismissal: First, the named plaintiff must agree to use…
Cottonelle Flushable Wipes and More
May 2016: This action was voluntarily dismissed When a complaint is dismissed with prejudice, it cannot be refiled. as to the named plaintiffs’ claims and When a complaint is dismissed…
Equate Flushable Wipes
January 2017: This action was dismissed When a complaint is dismissed with prejudice, it cannot be refiled., the reasons for which have not been disclosed. August 2015: A class-action lawsuit…
The Latest
Walmart Quietly Removes Kid’s Advergame from Roblox
Universe of Play’s removal follows action led by TINA.org – and inaction from self-reg group.
Roblox Revamps Its Ad Policies after TINA.org Action
Will it enforce them this time?
Walmart’s Undisclosed Advergame on Roblox Targets Children
TINA.org, together with other consumer groups, calls for immediate audit of Walmart Universe of Play.
Consumer advocacy groups want Walmart’s Roblox game audited for ‘stealth marketing’ to kids
Sarah Perez, TechCrunch
CATrends: False Shelf Pricing
Consumers complain about higher prices at checkout.