Class-Action Lawsuit Accuses Family Dollar Of Storing Products At Unsafe Temperatures

Family Dollar is facing a class-action lawsuit alleging that the retailer sold over-the-counter drugs, medical devices, and other consumer products that were made unsafe for human use after the retail chain stored them at excessive temperatures. The plaintiffs claim that Family Dollar stored certain products at extreme temperatures that failed to meet the labeled temperature requirements. This resulted in the products not meeting safety, strength, quality, purity, and effectiveness requirements. The plaintiffs allege these products should not have been sold to customers.

The lawsuit makes note of a 2022 inspection report conducted by the U.S. Food and Drug Administration. In its report, the FDA describes “deplorable conditions it observed” in Family Dollar stores. This included allegations of a rodent infestation and improper storage of drugs. Following the investigation, the FDA recalled more than 400 household products that had been stored at improper temperatures.

According to the class-action lawsuit, Family Dollar failed to control temperatures in its facilities even after the FDA issued warnings concerning the matter. The plaintiffs contend that unsafe products were sold in nearly every state across the U.S. The plaintiffs also contend that Family Dollar abused a position of trust it has in rural and underserved communities where consumers often have few alternatives when it comes to purchasing products.

The plaintiffs have filed the products lawsuit on behalf of both themselves and a class of other consumers who purchased at least one adulterated product from a Family Dollar Store in Florida or Georgia since May 1, 2022.

The lawsuit alleges that Family Dollar was negligent and makes claims of negligence per se, negligent failure to warn, negligent misrepresentation, breach of implied warranty, unjust enrichment, and violations of both Florida and Georgia law.

Six days after the plaintiffs filed their lawsuit against Family Dollar, the company pleaded guilty to one federal misdemeanor charge of holding products in unsanitary conditions. Family Dollar agreed to pay a $41.7 million fine to resolve the matter.

Other issues with Family Dollar 

Family Dollar has faced numerous lawsuits over the years related to various matters. In February 2024, an Ohio Family Dollar faced a $400,000 fine related to deceptive pricing tactics. According to the lawsuit, which was filed by the state’s attorney general, Family Dollar was selling products for more than the prices that were listed on the shelves. This was a violation of the state’s consumer protection laws which safeguard consumer rights from deceptive business practices.

A Family Dollar was sued over a rat infestation related to its Arkansas warehouse causing the temporary closure of 404 stores across five states. As part of the settlement, customers who frequented the store were entitled to receive gift cards of $25.

Talk to a Florida Personal Injury Lawyer Today 

The Florida personal injury lawyers at Halpern, Santos & Pinkert represent the interests of those who have been injured due to another party’s negligence. Call our office today to schedule a free consultation, and we can begin discussing your case right away.

Sources:

13abc.com/2024/02/22/family-dollar-settles-lawsuit-with-ags-office-deceptive-pricing-claims/

topclassactions.com/lawsuit-settlements/prescription/family-dollar-class-action-claims-otc-products-illegal-unsafe-defective/

al.com/news/2023/12/family-dollar-rat-infestation-settlement-heres-how-alabama-shoppers-can-get-a-25-gift-card.html