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Walgreens Consumer Class Action Lawsuit

Consumer Class Action Complaint Against Walgreens

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Walgreens Consumer Class Action Lawsuit

Tauler Smith LLP recently filed a consumer class action complaint against Walgreens because the retail behemoth is allegedly selling Phenazopyridine Hydrochloride (Phenazo), an unapproved over-the-counter UTI drug, to unsuspecting customers in violation of California’s consumer protection laws. The class action suit, which was filed in federal court in California, alleges that Walgreens uses misleading advertising to deceptively sell Phenazo to treat urinary tract infections even though the drug is unsafe, ineffective, and unlawful to market to consumers.

For more information about the Walgreens UTI drug lawsuit, keep reading this blog.

What Is the FDA Approval Process for Over-the-Counter Drugs?

The U.S. Food and Drug Administration (FDA) regulates the safety and effectiveness of prescription and nonprescription drugs sold in the United States. Before over-the-counter drugs like Phenazo can be sold to consumers, they must be approved by the FDA. This can happen in one of two ways:

  1. The drug goes through the standard FDA approval process, which involves submitting a New Drug Application (NDA).
  2. The drug receives a drug monograph.

A drug monograph is a process that drug manufacturers can utilize to get their products approved for specific therapeutic uses in a particular category. In other words, a drug monograph is a way around the requirement for FDA approval as a finished drug.

New Drug Applications

Under authority granted by the Federal Food, Drug, and Cosmetic Act (FDCA), the FDA typically requires drug manufacturers to submit a New Drug Application (NDA) or an Abbreviated New Drug Application (ANDA) and provide clinical trial data to demonstrate the safety of a new drug before they can market it as a finished drug product.

When the FDA requested data on the safety and efficacy of all OTC urinary antiseptics/analgesics not yet reviewed by the FDA, the request included Phenazopyridine Hydrochloride (Phenazo). In this notice, the FDA stated that Phenazo had not been the subject of an approved NDA, meaning that the UTI drug’s safety was not demonstrated to the satisfaction of the federal regulatory agency.

OTC Drug Monographs

An OTC drug monograph allows drug manufacturers to lawfully market certain over-the-counter drugs based on the safety of a drug’s active ingredients. The monograph process involves a “rule book” that defines specific conditions under which an OTC drug may be considered safe and effective in a given therapeutic category. Under this approach, a manufacturer does not need FDA approval to bring the nonprescription drug to market because only certain ingredients are being marketed as safe for a particular use within a particular therapeutic drug category.

What Is Phenazopyridine?

Phenazopyridine Hydrochloride (Phenazo) is an over-the-counter drug used to treat symptoms of urinary tract infection (UTI), including urinary pain, burning, and discomfort. UTI is a medical condition that disproportionately impacts women, particularly women in underserved communities.

Millions of Americans trust pharmacies to sell them safe, effective, and lawful remedies for their illnesses, including urinary tract infections. For these consumers, pharmacies are the primary point of purchase for over-the-counter drugs, as well as the primary source of information for over-the-counter medications. Reliance on OTC medications is heightened in underprivileged communities where residents are more vulnerable to illness and health concerns due to lack of access to medical care.

Phenazo is marketed and advertised as a drug for urinary tract infections – but the UTI drug has not been approved by the FDA, which means that stores like Walgreens should not be selling it as an over-the-counter treatment.

Walgreens Sued for False Advertising of UTI Drug Phenazo

Argueta v. Walgreens Co. is a high-profile consumer class action lawsuit against the Walgreens Company, which operates the second-largest pharmacy store chain in the United States. The lawsuit, which was filed in the U.S. District Court for the Eastern District of California, accuses the pharmacy of unlawfully selling Phenazopyridine Hydrochloride (Phenazo) over the counter and marketing the misbranded drug as a finished drug product called “Urinary Pain Relief.”

The Walgreens class action alleges that Phenazo has never been approved by the FDA under the NDA/ANDA process, nor has Phenazo ever been brought to market under an established OTC drug monograph. In other words, the drug is allegedly being marketed and sold by Walgreens in violation of California consumer fraud laws.

Walgreens Accused of Violating California’s Unfair Competition Law (UCL)

Walgreens has been accused of violating California’s Unfair Competition Law (UCL) by selling the unapproved OTC drug Phenazo. The UCL is a far-reaching consumer protection statute that applies to many different kinds of unethical business practices, including hidden shipping insurance surcharges, false reference pricing, and deceptive advertising of over-the-counter drug products. The statute explicitly prohibits any “unlawful, unfair or fraudulent business act or practice,” as well as “unfair, deceptive, untrue or misleading advertising.” The basis for the class action lawsuit against Walgreens is that the pharmacy allegedly sells the Phenazo product in a manner that is likely to deceive the public about whether the drug is approved by the FDA and therefore lawful to sell over the counter.

Importantly, the UCL is a strict liability statute. This means that the plaintiff in a UCL claim does not need to show that the defendant intentionally or negligently engaged in fraudulent business practices; all that is needed is a showing that the unfair practice or act occurred. In other words, anyone who purchased an over-the-counter UTI drug product from Walgreens may be entitled to multiple forms of compensation, including restitution, statutory damages, and punitive damages.

Did You Purchase a UTI Drug at Walgreens? Call the California Consumer Protection Lawyers at Tauler Smith LLP

The California consumer protection lawyers at Tauler Smith LLP have filed a class action lawsuit against Walgreens over the sale of Phenazopyridine as an over-the-counter treatment for urinary tract infections. The proposed class of consumers eligible for the lawsuit includes anyone who purchased the Walgreens UTI product in California during the last four (4) years.

Call 310-590-3927 or email us to schedule a free consultation.

Anxiety Supplement Lawsuit

Natrol Class Action for Anxiety Supplements

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Anxiety Supplement Lawsuit

Tauler Smith LLP, a California law firm focusing on consumer fraud litigation, recently filed a class action complaint against supplement manufacturer Natrol LLC. The Natrol class action for anxiety supplements complaint asserts that Natrol is violating the Consumers Legal Remedies Act (CLRA) by marketing its Relax+ Ultimate Calm supplement as a remedy for anxiety when it contains “ineffectual herbs, extracts, and other vitamins that plainly do not have the ability to treat anxiety.” The nutritional supplement lawsuit also alleges that when an individual uses unapproved anxiety medications like Relax+ Ultimate Calm instead of seeking treatment from a licensed doctor, they could worsen their mental health.

The Los Angeles false advertising lawyers at Tauler Smith LLP are bringing civil actions against companies that market and sell dietary supplements claiming to remedy anxiety. If you purchased one of these supplements, you may be eligible to join a class action lawsuit. Contact us today to discuss your options.

Nutritional Supplement Manufacturers Endanger Consumers with Unapproved Anxiety Drugs

Anxiety is a recognized mental disorder. When a person suffers from anxiety, they may be stricken with feelings of worry or fear while attempting to perform everyday activities. This is a major mental health concern for millions of Americans, with statistics showing that more than 40 million U.S. adults are affected by anxiety disorders. This includes millions of young children and teenagers who struggle with mental health problems.

According to the Mayo Clinic, the best way to treat an anxiety disorder is with medications prescribed by a licensed physician and psychotherapy provided by a mental health counselor. Additionally, the National Institute of Public Health (NIH) has stated that individuals should not self-diagnose or use over-the-counter supplements to treat anxiety. The nutritional supplement industry has attempted to capitalize on the country’s worsening mental health crisis in the aftermath of the COVID-19 pandemic by making unsupported claims regarding the ability of their products to relieve conditions like anxiety. When anxiety is left untreated, it can be ruinous to individuals and lead to more serious conditions and diseases.

Natrol Accused of False Advertising of the Relax+ Ultimate Calm Supplement as a Remedy for Anxiety

Natrol is a U.S. manufacturer of vitamins, minerals, and nutritional supplements. The company’s headquarters are in Chatsworth, California. According to Dun & Bradstreet, Natrol’s annual revenues surpass $121 million, which is part of the $140 billion market for dietary supplements.

The complaint alleges that Natrol puts consumers at risk by advertising its Relax+ Ultimate Calm supplement as a treatment for anxiety. The U.S. Food and Drug Administration (FDA) has issued a warning about the use of unapproved drugs to treat anxiety. Consumers who place their trust in nutritional supplement manufacturers may be more likely to forego seeking medical treatment for their health conditions, which can compound the effects of the disorders. Additionally, these individuals may be more likely to develop other mental and physical conditions because anxiety can cause depression, substance misuse, social isolation, and suicide.

Supplements Claiming to Treat Anxiety Violate the California Consumers Legal Remedies Act

The California Consumers Legal Remedies Act (CLRA) is a consumer protection statute that is meant to safeguard individuals against business fraud, including “unfair methods of competition and unfair or deceptive acts or practices in a transaction.” The CLRA, which is codified in Cal. Civ. Code §§ 1750, makes it illegal for companies to mislead consumers in advertising or sales transactions. The statute explicitly prohibits companies from “representing that goods…have…characteristics, ingredients, uses, benefits, or quantities that they do not have.” Plaintiffs can bring private civil actions under the CLRA when they have been deceived by the acts or practices of a company in the sale of consumer goods such as nutritional or dietary supplements.

Natrol has been accused of making unsupported claims about the ability of its Relax+ Ultimate Calm product to relieve anxiety. On the product packaging, Natrol prominently represents that use of the Relax+ Ultimate Calm supplement will reduce “stress, anxiety & tension” and offer other health benefits. According to the complaint, these representations are untrue and unlawful.

Class Action Lawsuit Filed Against Natrol for Violating the CLRA

The Los Angeles business fraud attorneys at Tauler Smith LLP have brought a class action lawsuit against Natrol for violating the CLRA. The legal complaint was filed in the Los Angeles County Superior Court. The complaint explains that an individual who consumes the Relax+ Ultimate Calm product “in lieu of a professional medical evaluation and treatment” is at risk of exacerbating their anxiety, as well as developing additional mental health disorders. Anyone who purchased the Relax+ Ultimate Calm supplement may be eligible to join the class action.

The class action lawsuit against Natrol seeks relief and judgment that includes the following:

  • An injunction that orders Natrol to correct its alleged deceptive marketing scheme and stop claiming that Relax+ Ultimate Calm is a remedy for anxiety.
  • An award of actual, punitive, and statutory damages to compensate the plaintiffs who purchased Relax+ Ultimate Calm.
  • Reimbursement of attorney’s fees for the plaintiffs.
  • Any other relief that the court may deem just and proper.

Did You Buy a Supplement That Claims to Treat Anxiety? Contact a California Consumer Fraud Lawyer Today

The California consumer fraud attorneys at Tauler Smith LLP are committed to protecting consumers against deceptive business practices. If you purchased a dietary supplement that claims to remedy anxiety, you should contact our legal team today to discuss your eligibility to join a class action lawsuit. Call 310-590-3927 or email us to schedule a free consultation.

Anxiety Drugs

Unapproved Anxiety Drugs Harm Consumers

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Many Americans have reported experiencing increased levels of anxiety since the beginning of the coronavirus pandemic in March 2020. Left untreated, anxiety can lead to a decline in one’s quality of life and result in various physical health problems. For this reason, it is imperative that anyone suffering from anxiety or other mental health disorders speak with their doctor or pharmacist and receive proper medical treatment. Unfortunately, many people opt to use unapproved anxiety medications and later suffer from physical, mental, and other injuries that leave them with permanent damage.

If you believe that your use of an anxiety drug may have exposed you to health risks, you should speak with a California dietary supplement lawyer and explore your legal options.

FDA Issues Warning About Use of Unapproved Drugs to Treat Anxiety

On February 19, 2021, the U.S. Food and Drug Administration (FDA) issued a press release warning that under the Federal Food, Drug, and Cosmetic Act, “products intended to cure, treat, mitigate or prevent disease are drugs and are subject to the requirements that apply to drugs, even if they are labeled as dietary supplements.” When it comes to products that have not been approved by the FDA, there are no evaluations with regard to certain factors like:

  • Whether the drugs are effective for their intended use.
  • The proper dosage.
  • How the drugs might interact with FDA-approved drugs.
  • Whether there may be side effects or health concerns.

Anxiety Disorders Affect Millions of Americans

While some anxiety might be considered normal, the American Psychiatric Association (APA) maintains that there is a significant difference between anxiety disorders and more normal feelings of nervousness and anxiousness because an anxiety disorder is likely to involve an extreme or excessive degree of fear or anxiety. Moreover, the APA says that “anxiety disorders are the most common of mental disorders and affect nearly 30% of adults at some point in their lives.” Treatment of anxiety disorders may include medication, therapy, or some combination of both, which have all proven to be effective.

According to the APA, anxiety disorders are more commonly diagnosed in women than in men. Such a diagnosis has two main requirements:

  1. The anxiety must be out of proportion to the situation or age inappropriate.
  2. The anxiety must hinder one’s ability to function normally.

False Advertising by Dietary Supplement Manufacturers Exposes Consumers to Health Risks

Numerous dietary supplement manufacturers that market their products online make unfounded claims about their products’ ability to cure, treat, or mitigate anxiety and other mental health issues. This can have serious consequences for anyone who uses these drugs.

According to Steven Tave, Director of the Office of Dietary Supplement Programs in the U.S. Food and Drug Administration’s Center for Food Safety and Applied Nutrition, “Dietary supplements that claim to cure, mitigate or prevent …mental health disorders are unapproved new drugs that could potentially harm consumers who use these products instead of seeking proven treatments from qualified health care providers.” Tave added that use of unapproved drugs is particularly troubling when it occurs during the COVID-19 pandemic because many consumers are already suffering from depression and other mental health issues.

Contact the California False Advertising Lawyers at Tauler Smith LLP

If you or someone you know is suffering from an anxiety disorder and has taken dietary supplements to treat, cure, or mitigate anxiety, you could be entitled to monetary compensation. The Los Angeles dietary supplement attorneys at Tauler Smith LLP can investigate your case, hold the drug manufacturer accountable, and get you compensated for your injuries. Call us anytime or fill out the online contact form to schedule a consultation.

Fake COVID-19 Cures

Beware of Fake Cures for the Coronavirus

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Fake COVID-19 Cures

Companies peddling herbal remedies and other nutritional supplement products that protect against COVID-19 are violating the law. Consumers need to beware of fake cures for the coronavirus. If you purchased one of these over-the-counter supplements that supposedly treat coronavirus, you should consider taking immediate legal action. Your first should be to speak with a qualified California false advertising attorney who can explain your legal options.

To learn more about fake nutritional supplements that are being marketed as cures for coronavirus, keep reading.

FDA Warns Consumers About Fake Treatments for COVID-19

Growing fears about the COVID-19 pandemic have led to a dramatic rise in the sale of fraudulent nutritional supplements that claim to cure or prevent the disease. This phenomenon is not new. The U.S. Food and Drug Administration (FDA) itself has acknowledged that “during emergency situations or outbreaks, fraudulent products claiming to prevent, treat or cure conditions associated with the emergency or outbreak almost always appear for sale.”

Thus, on March 6, 2020 the FDA issued warning letters to several companies selling fake treatments for the coronavirus. The most infamous recipient of the warning letters, televangelist Jim Bakker, marketed a product that would “kill” coronavirus. Bakker’s promotional videos claimed that the “Silver Solution” supplement was “tested on other strains of the coronavirus, and has been able to eliminate it within 12 hours, totally eliminate it, kills it, deactivates it.” Although these statements were arguably framed to evade false advertising lawsuits from consumers of coronavirus remedies, the statements are still considered unlawful.

Fraudulent claims about coronavirus remedies are not limited to televangelists. Many dishonest sellers of herbal products have also peddled homeopathic cures to the novel coronavirus that have no basis in reality. These include Amy Weidner of Herbal Amy, Inc., who claimed without any scientific support that “a number of herbs are strongly antiviral for corona viruses” in order to sell a formulation of various herbs on her website that she claimed were “preventative” and would protect consumers against the virus. Other websites have gone even further, selling four (4) different herbal remedies to treat coronavirus and dangerously instructing their customers who are infected with coronavirus to “take all 4 products and use the infection dosage.”

The dangers of marketing herbal products to treat a novel and deadly disease cannot be understated. At worst, consumers without access to medical care may forego medical treatment based on false claims. At minimum, consumers will shell out hard-earned money for fake products that will do nothing to keep them safe. Moreover, these negative consequences could get worse in the weeks and months ahead. As the pandemic spreads, so too will the opportunities for fraud. In the short time that coronavirus has impacted daily life, a variety of fake remedies have evolved in products ranging from colloidal silver, ionic silver, herbal teas, and even essential oils like eucalyptus – all claiming they can cure or treat coronavirus.

Contact the Los Angeles False Advertising Attorneys at Tauler Smith LLP

If you purchased nutritional supplements or any other products that claim to cure or prevent coronavirus, it’s possible that you were misled by false advertising from unethical and immoral companies attempting to capitalize on the public health crisis for their own financial benefit. The Los Angeles false advertising attorneys at Tauler Smith LLP can investigate your claims and potentially help you get financial compensation.

Call 310-590-3927 or send us an email to schedule a free consultation.

Diet Supplement Criminal Penalties

DNP Distributor Gets Prison for Selling Deadly Diet Pills

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Diet Supplement Criminal Penalties

In recent legal news, a DNP distributor was sentenced to prison for selling the deadly diet pill to consumers. Barry Clint Wright used to run a website called CrystalDNP.com, which he used to reach consumers who would purchase the diet pill DNP. Wright was accused of using deceptive marketing strategies for DNP, which included mislabeling the drug and selling it on websites for candles and bee pollen. Like a lot of unapproved weight loss supplements, the DNP pills posed significant health risks for users: multiple people died after consuming the pills sold by Wright. As a result, Wright eventually pleaded guilty to the criminal charges and was sentenced to a term of incarceration of seven (7) years.

California consumer fraud lawyer Robert Tauler provided commentary on the Barry Clint Wright criminal case, which can be viewed here.

DNP Is a Deadly Weight Loss Drug

DNP is a chemical substance also known as 2,4-Dinitrophenol. When ingested, DNP can have severe health consequences for users, including cataracts, cardiac arrhythmia, and even death. In fact, DNP is considered so dangerous that the U.S. Food and Drug Administration (FDA) has declared it to be “extremely dangerous” and “not fit for human consumption.” In this way, DNP is similar to other nutritional and weight loss supplements that can cause adverse health effects. Additionally, when companies sell unapproved supplements for use by consumers, the companies may be both criminally and civilly liable.

Although there are some people like Barry Clint Wright who have claimed that DNP is not dangerous for consumption, those people are wrong. The evidence on DNP is clear: the drug is extremely unsafe and poses significant health risks to consumers, which is why the FDA has made it illegal to market, sell, or otherwise distribute the weight loss drug.

Companies that violate the law by deceptively marketing DNP and then selling it as a dietary supplement may be exposed to civil liability. The experienced consumer fraud lawyers at Tauler Smith LLP help plaintiffs file nutritional supplement lawsuits in courtrooms throughout the country.

Barry Clint Wright Sentenced to Prison for Selling DNP to Consumers

Barry Clint Wright was recently sentenced to seven (7) years in prison for selling DNP as a weight loss drug. Wright was criminally indicted in the U.S. District Court for the Middle District of Florida, a federal court with jurisdiction in the case. The crimes that Wright was indicted for related to the sale of DNP and how he marketed the weight loss drug to consumers. He later reached a plea agreement with federal prosecutors, in which he admitted his guilt.

What makes this case so interesting is that the federal government sought an enhancement of the federal sentencing guidelines. In this case, prosecutors wanted the judge to issue a sentence longer than what the guidelines called for. They did this because the way that Wright marketed DNP was particularly egregious and exposed consumers to significant health risks. The government said that Wright failed to label the product accurately, and he also sold it on multiple websites. Moreover, the government said that three (3) customers died after using the DNP – with the possibility that more customers may have died. Beyond that, Wright was accused of using “sophisticated tactics” to ensure that the dangerous diet pill would go unregulated. (E.g., he sold the DNP on a candle website and asked customers to claim that they were buying candles.)

The federal judge ultimately agreed with prosecutors and sentenced Barry Clint Wright to the maximum statutory sentence of seven (7) years in prison.

Contact the California Dietary Supplement Lawyers at Tauler Smith LLP

DNP has dangerous side effects, and the people who mislabel DNP and sell it as a weight loss pill are engaging in criminal activity. If you purchased DNP for use as a diet pill, you may be eligible to file a civil suit against the manufacturer or distributor. Call or send an email to the California dietary supplement lawyers at Tauler Smith LLP today.