Prescott

Prescott v. Rite Aid Corporation

Good Law
United States District Court, Northern District of CaliforniaApril 3, 20233:22-cv-05798California1,068 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

STEVEN PRESCOTT, Case No. 22-cv-05798-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

RITE AID CORPORATION, Re: Dkt. No. 22 Defendant.

Rite Aid sells adhesive lidocaine patches for localized pain relief. (Lidocaine is a local anesthetic.) Rite Aid calls these patches “Maximum Strength Pain Relief Lidocaine Patches.” Just below the name of the product, the labels state that they provide “4% lidocaine.” Steven Prescott alleges that the patches are misleading because they are not truly “maximum strength”—a consumer could get a prescription from their doctor for a 5% patch. Relying on that theory, Prescott brings claims under California’s Unfair Competition Law, False Advertising Law, and Consumers Legal Remedies Act, as well as claims for common law fraud and unjust enrichment. To prevail on his claims under California’s consumer protection statutes, Prescott must show that a reasonable consumer is “likely to be misled” by the “maximum strength” statement. Moore v. Trader Joe’s Co., 4 F.4th 874, 881 (9th Cir. 2021).1 “The reasonable consumer

1 Prescott has…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.