Rite Aid Customer Appeals Dismissal of Pain Patch False-Ad Suit

A Rite Aid Corp. consumer is appealing the dismissal of a proposed class suit alleging the pharmacy chain deceptively markets pain relief patches.

Steven Prescott sued in the US District Court for the Northern District of California, alleging that the labeling of “Maximum Strength Pain Relief Lidocaine Patches” with 4% lidocaine is deceptive because a consumer could get a doctor’s prescription for a 5% lidocaine patch.

• Other courts have allowed similar claims to advance against other companies, but Judge Vince Chhabria said “maximum strength” doesn’t literally mean the highest dose available, and a reasonable consumer understands that over-the-counter products differ ...