There Should Be a Price to Pay for Knowingly Lying to Consumers
Why TINA.org wants the Supreme Court to address proof of harm in Lanham Act cases.
IcyHot Patch
Case Name (Date)
Fuller et al v. Chattem, Inc.
21-cv-5436, N.D. Cal.
(April 2021)
Product/Service
IcyHot Patch
Allegations
Making misleading pain relief claims
Misleadingly marketing the product as “Max Strength Lidocaine” when other products deliver more lidocaine and are more effective
Misleadingly marketing the patch as “fast acting” when it does not provide immediate pain relief
Falsely claiming that the product provides 12 hours of pain relief when it does not stay on for even six hours
Falsely marketing product as compliant with FDA regulations when it is not
Status
Pending
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