Dollar General $1.8 Million Infant Pain Drug Label Deal Gets Nod

Dollar General Corp. and consumers alleging it duped them into thinking infants couldn’t safely use cheaper “children’s” pain relief products secured a Florida federal court’s early approval for a $1.8 million class settlement.

The settlement includes monetary relief and packaging changes, and was approved by Judge Timothy J. Corrigan of the U.S. District Court for the Middle District of Florida.

The discount retailer distributes its own brand of acetaminophen pain reliever and fever reducer under the “DG Health” label.

Previously, infants’ acetaminophen pain relievers had a stronger concentration of acetaminophen than the children’s products. The difference in concentrations caused some consumers to accidentally provide the wrong dosage to their children.

In December 2011, the Food and Drug Administration informed the public that liquid acetaminophen marketed for infants would only be available in the lower concentration, to prevent confusion and accidental acetaminophen toxicity.

Floridian David Levy alleged Dollar General markets its infants’ and children’s products as different medications and doesn’t inform consumers infants can safely take children’s products. The infants’ products cost approximately three times more than children’s products for the same amount of medicine, he said.

The settlement, approved on Wednesday, covers individuals in the U.S. who bought DG Health Infants’ Acetaminophen after Sept. 15, 2016, for personal or household use.

Settlement class members are eligible to receive $1.70 per infants’ product for all claims submitted with proof of purchase, and up to $5.10 without proof of purchase. The amounts are subject to increases or decreases across the board, depending on claim volume.

Dollar General also agreed to change the packaging of the infants’ acetaminophen product, to say the liquid medicine contains the same concentration of acetaminophen as the DG Health Children’s Acetaminophen.

The court directed the parties to address the recent decision by the U.S. Court of Appeals for the Eleventh Circuit in Johnson v. NPAS Sols., LLC, which said service awards are prohibited, if they continue to seek approval of an incentive payment for Levy. Corrigan said he is unlikely to grant such an award unless Johnson is vacated.

A final approval hearing is set for October 28.

Kroger Co. and Rite-Aid Corp. still face similar suits. A CVS Corp. consumer has appealed dismissal of a suit against the pharmacy chain to the Ninth Circuit. A Walgreens customer recently dropped an appeal.

The court appointed Pearson Simon & Warshaw LLP, Shamis & Gentile PA, Edelsberg Law PA, and Dapeer Law PA as class counsel. McGuireWoods LLP represented Dollar General.

The case is Levy v. Dolgencorp, LLC, M.D. Fla., No. 3:20-cv-01037, 5/19/21.