Rite Aid Shoppers Nab Partial Cert. In 'Rapid Release' Ad Fight

Law360 (April 28, 2021, 7:46 PM EDT) -- A California federal judge on Tuesday partially certified Rite Aid Corp. customers' class claims that they were deceived by the drugstore's "rapid release" labels on store brand acetaminophen gelcaps.

U.S. District Judge Yvonne Gonzalez Rogers found that lead plaintiff Thomas Bailey has shown that the question of whether Rite Aid deceived customers into thinking its gelcaps labeled as "rapid release" are faster acting than its cheaper acetaminophen tablets can be resolved with common evidence on a classwide basis, according to the order.

Bailey sought to certify a class of all California consumers who bought Rite Aid rapid-release gelcaps. He said Rite...

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