Newark, NJ: Wal-Mart is facing a consumer fraud class action lawsuit over allegations it falsely represents the benefits of its migraine product Equate Migraine Relief. Specifically, the lawsuit, filed by Bonnie Cooper, states that Wal-Mart deceives its customers into paying more for its store brand migraine medicine by claiming it is more effective that its own Equate headache medicine.
Cooper, lead plaintiff in Cooper v. Wal-Mart Stores Inc., Case No. 1:13-cv-05446, in the U.S. District Court for the District of New Jersey, claims in the class action that both headache medicines contain equal amounts of the active ingredient, but Wal-mart charges a premium for the migraine medicine.
Specifically, the lawsuit contends that Wal-Mart charges approximately $4 for two 100-count bottles of Equate Headache Relief, but charges $9.22 for the same amount of Equate Migraine Relief. As a consequence, Cooper claims that consumers believe the more expensive product is stronger and more effective at treating migraines. She alleges both versions of the headache medication contain 250 milligrams of aspirin, 250 milligrams of acetaminophen and 65 milligrams of caffeine.
"No reasonable consumer would pay more than twice as much for Equate Migraine than for Equate Headache unless he or she (as was plaintiff) was deceived into thinking that Equate Migraine was better (stronger, more effective) for treating migraine headaches,"the lawsuit states.
The lawsuit also states "The bold-type name across the box of Equate Migraine and the fact that its only indicated use is for treating migraines suggests that this product -- unlike Equate Headache -- is specifically targeted to treat migraines and is more effective than Equate Headache."Further, the complaint claims that even though both versions contain the same ingredients, the Wal-Mart website advertises three active ingredients in the migraine formula but only one active ingredient in the headache formula.
The consumer fraud class action asserts that Wal-Mart' conduct violates the New Jersey Consumer Fraud Act and seeks to represent all New Jersey residents who purchased Equate Migraine in the state from September 15, 2007, until the present.
Cooper is represented by Lester L. Levy, Michele F. Raphael and Matthew Insley-Pruitt of Wolf Popper LLP and by Jeffrey W. Herrmann and Peter S. Pearlman of Cohn Lifland Pearlman Herrmann & Knopf LLP.
