CVS agrees to $3.8 million settlement for lidocaine products

Photo (c) Boonchai Wedmakawand - Getty Images

Any customer who’s purchased these products over the last six years are eligible for the settlement

CVS has come under fire for its store-brand maximum strength lidocaine products – patches, cream, sprays, and roll-ons. 

The packaging claims to provide pain relief for 8-12 hours, which the plaintiffs – Monique Bell, Tree Anderson, and Melisssa Conklin – have disputed. The plaintiffs claim that the patches in particular don’t adhere to the body, sometimes fall off within minutes, and aren’t durable enough to withstand day-to-day actions, like standing, walking, or sitting. 

While CVS has denied the allegations, the court hasn’t ruled in either party’s favor. Instead, the case has reached a settlement, with CVS agreeing to pay $3.8 million to compensate anyone who purchased any of these products between December 11, 2017, and July 18, 2023. 

Who is eligible?

Nearly two dozen CVS-brand lidocaine products are included in the class action suit, and all have been marked with the “maximum strength” label. 

Consumers who have bought products with the following SKU numbers could be eligible for the settlement: 376649, 405343, 977934, 328522, 405623, 250483, 385037, 249024, 235554, 383998, 238921, 197229, 450467, 371271, 188721, 256563, 196728, 256518, 384034, 234274, 834344, and 388642. 

This list of items is not exhaustive; any purchases of CVS-brand lidocaine products that are labeled “maximum strength” could yield a piece of the settlement. 

Filing a claim

To be eligible for a piece of the settlement, consumers must have purchased one of the above products during the given window. The deadline to submit a claim for the settlement is Monday, November 20, 2023. 

Consumers are eligible to submit a claim even if they don’t have a receipt for their purchase – though that may affect how much they get back. Those who have a receipt for their purchase may recover $4.50 per unit for each receipt. Without a receipt, consumers will only get $4.50 for up to three items purchased. 

Ultimately, what consumers receive from the settlement will determine how many valid claims are submitted. 

Claim forms can be submitted online or forms can be requested over the phone at (833) 747-6949. 

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