A class action lawsuit was filed against Walgreen Co. on October 28, 2013, alleging that its glucosamine products contained misrepresentations about the efficacy of the product. The lawsuit, filed by Marc Group, claims that while the glucosamine products are advertised as being able to rebuild cartilage even though that is physically and biologically impossible. The complaint states that Group purchased Walgreen’s Glucosamine Chondroitin MSM Complex Caplets at a Walgreens store in Boca Raton, Florida based on the claim on the label that it helps to rebuild cartilage. In support of his claims, Group cites studies published in the American Journal of Medicine in 2004 and a 2010 study published in the British Medical Journal. Group is alleging violations of the Magnuson-Moss Warranty Act, which makes violation of express warranties illegal, and the Florida Deceptive and Unfair Trade Practices Act.
Group’s lawsuit, filed in the Southern District of Florida, follows a similar suit filed in federal court in New York. The New York lawsuit challenged claims that Walgreen labels its joint supplement products to indicate that glucosamine and chondroitin are naturally occurring substances found in cartilage. The federal judge in New York denied in part the defendant’s motion to dismiss, finding that actionable claims had been stated and permitted the plaintiffs to proceed even though the plaintiffs did not purchase all of the named products.
The Florida case is styled Group v. Walgreen Co., Case No. 9:13-cv-81108 (S.D. Fla.). The New York case is styled Quinn et al v. Walgreen Co., Case No. 7:12-cv-08187 (S.D.N.Y.).
The Simon Law Firm, P.C. has years of experience handling cases such as this one. For any questions, please feel free to contact us.