Safeway Faces Investigation for Deceptively Marketing Infants’ Acetaminophen

Schubert Jonckheer & Kolbe LLP today launched an investigation into the conduct of Safeway Inc. for deceptively marketing and selling its Infants’ Pain Relief product as a product specifically made for infants.

Safeway distributes its own brand of pain relief under the “Signature Care” label, including Signature Care Infants’ Pain Relief and Signature Care Children’s Pain Relief. Safeway sells Infants’ Pain Relief at a price of $7.99 for 2-fluid ounces, or $4.00 per ounce. Safeway also sells Children’s Pain Relief at a price of $5.99 for 4-fluid ounces, or $1.50 per ounce. This translates to consumers paying approximately three times more for the Infants’ product as compared to Children’s product.

The Food and Drug Administration cautions parents and caregivers to “[b]e very careful when you’re giving your infant acetaminophen.” Safeway exploits parents’ fear of giving their children an improper dosage through their packaging and labeling of its Infants’ Pain Relief product.

Safeway’s packaging may mislead parents into thinking that the Infants’ Pain Relief is specially-formulated to make it specifically appropriate for infants from ages 2 to 3 as opposed to older children. Despite their distinct packaging, the Infants’ and the Children’s Pain Relief products contain the same active ingredient and formulation of 160 mg per 5 mL of acetaminophen. Even though the Infants’ and Children’s products contain the same exact amount of acetaminophen in the same dosage amounts, Safeway markets and sells Infants’ Pain Relief to consumers at a substantially higher price than the Children’s Pain Relief.

The Schubert Firm is investigating whether Safeway’s marketing and labeling of the Infants’ Pain Relief is false and misleading in violation of state and federal laws. If you have purchased the Signature Care Infants’ Pain Relief, you may be entitled to damages and an injunction forcing the company to halt the practice.

If you purchased Safeway’s Signature Care Infants’ Pain Relief and would like to learn more about your legal rights—or would like to participate in the class action lawsuit—please complete the form below for a free legal consultation.