Walmart Equate Migraine

April 2016: The Ninth Circuit Court of Appeals affirmed the district court’s dismissal concluding that the complaint failed to state a claim.

May 2014: A federal judge dismissed a class-action lawsuit against Walmart because plaintiffs did not file an amended complaint fixing the problems in the earlier complaint, as required by a court order. The complaint, which was originally filed in 2013, alleged that the store markets Equate Migraine as “being a superior and more-potent drug as compared to Equate ES” when, according to the plaintiffs, both Equate Migraine and Equate ES contain the same amounts of the same active ingredients. The judge dismissed the lawsuit with prejudice. Later in May, the plaintiffs filed a Notice of Appeal regarding the dismissal. (Boris et al v. Wal-Mart Stores, Inc. and Walmart.com, Case No. 13-cv-07090, C. D. CA.).

For more information about other class-action lawsuits regarding Equate Migraine and TINA.org’s coverage of the product, click here.

For more information about other class-action lawsuits against Walmart and TINA.org’s coverage of the company, click here.

 

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When a complaint is dismissed with prejudice, it cannot be refiled.

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