Class Action

Walmart’s Equate Migraine

Class Action

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 Cir.)

May 2014: Because plaintiffs did not file an amended complaint after their case was dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled., the case was dismissed When a complaint is dismissed with prejudice, it cannot be refiled.. Later in May, the named plaintiffs filed a Notice of Appeal regarding the dismissal of the case.

April 2014: A federal judge dismissed a class-action lawsuit against Walmart alleging that the company deceptively markets Equate Migraine. The complaint, which was originally filed in 2013, alleges that the company indicates Equate Migraine is stronger than Equate ES by charging a higher price and using a red background for the packaging.

The judge dismissed the lawsuit finding that the red background of Equate Migraine’s packaging and its higher price did not make any representation about the product. These claims were dismissed with prejudice, meaning that plaintiffs cannot refile. The judge also dismissed the claims based on the alleged website misrepresentation finding that plaintiffs had no independent basis for the claims and used them to “bolster” the price and red packaging claims. These claims were dismissed without prejudice, meaning that plaintiffs can refile. (Boris et al v. Wal-Mart Stores, Inc. and Walmart.com, Case No. 13-cv-07090, C.D. Cal.).

For more information about other class-action lawsuits filed against Walmart and TINA.org’s coverage of the company, click here.

For more information about other class-action lawsuits regarding the marketing of Equate Migraine and TINA.org’s coverage of the issue, click here.

For more information about other class-action lawsuits regarding the marketing of migraine medications and TINA.org’s coverage of the issue, click here.

 


Legal Action

Walmart

Walmart

An ongoing TINA.org investigation spanning several years found that Walmart consistently and repeatedly used false and deceptive Made in USA representations to market products on its website, Walmart.com. (TINA.org also…


Class-Action Tracker

Store-Brand Hand Sanitizers

Class Action

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

Class Action

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

Class Action

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

Class Action

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

Class Action

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

Class Action

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…

Equate Migraine Pain Reliever

Class Action

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

Class Action

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

Class Action

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

Class Action

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…


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