Hunton Andrews Kurth Represents Hisamitsu in Dismissal of False Advertising Litigation

Hunton Andrews Kurth LLP represents Hisamitsu, maker and distributor of SALONPAS Brand Pain Relieving Patches, in the false advertising litigation, Scilex Pharmaceuticals Inc. v. Sanofi-Aventis U.S., et al., No. 21-CV-1280 (N.D. Cal.), and related consumer class action lawsuits.

Hisamitsu’s Salonpas patches use lidocaine, FDA-approved for over-the-counter use for temporary pain relief. They are the highest grossing lidocaine patches in the U.S. and immensely popular following the medical community’s interest in pursuing well-known, non-addictive pain medications.

Scilex accused Hisamitsu (and co-defendant Sanofi) of mislabeling their OTC lidocaine products by marketing their products as “maximum strength” within the over-the-counter category. 

Hisamitsu twice moved to dismiss the complaint, challenging the sufficiency of Scilex’s allegations. The court held the complaint was tantamount to private enforcement of an FDA regulation and dismissed the bulk of Scilex’s claims regarding lidocaine (significantly diminishing the scope of damages).

The parties reached a settlement agreement and a stipulation of dismissal was filed on February 8, 2024. The Hunton Andrews Kurth team included attorneys Jeremy Boczko, Armin Ghiam, Jeremy King and Sarah Spellman.