Walmart’s Equate Migraine
May 2014: Because plaintiffs did not file an amended complaint after their case was dismissed without prejudice, the case was dismissed with prejudice. Later in May, the named plaintiffs filed a Notice of Appeal regarding the dismissal of the case.
April 2014: A federal judge dismissed a class-action lawsuit against Walmart alleging that the company deceptively markets Equate Migraine. The complaint, which was originally filed in 2013, alleges that the company indicates Equate Migraine is stronger than Equate ES by charging a higher price and using a red background for the packaging.
The judge dismissed the lawsuit finding that the red background of Equate Migraine’s packaging and its higher price did not make any representation about the product. These claims were dismissed with prejudice, meaning that plaintiffs cannot refile. The judge also dismissed the claims based on the alleged website misrepresentation finding that plaintiffs had no independent basis for the claims and used them to “bolster” the price and red packaging claims. These claims were dismissed without prejudice, meaning that plaintiffs can refile. (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 filed against Walmart and TINA.org’s coverage of the company, click here.
For more information about other class-action lawsuits regarding the marketing of Equate Migraine and TINA.org’s coverage of the issue, click here.
For more information about other class-action lawsuits regarding the marketing of migraine medications and TINA.org’s coverage of the issue, click here.
When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled.
When a complaint is dismissed with prejudice, it cannot be refiled.