Target Lidocaine ‘Maximum Strength’ False-Ad Suit Moves Forward

Another “maximum strength” pain relief deception suit has advanced, as a federal judge said Target Corp. must face a proposed class of consumers who say they were misled by the labels of its Up & Up lidocaine patches.

Shejuana Ary challenged packaging statements saying the patches use a “maximum strength” dose of lidocaine for “up to 8 hours.” They peel off after a few hours and don’t contain or deliver the highest amount of medication available with or without a prescription, she alleged.

Ary plausibly alleged that consumers could be fooled by the representations about strength and longevity, Judge Haywood ...