Spencer Sheehan, an attorney from Great Neck, is at the forefront of a legal battle against Walgreens, the national pharmacy chain. Sheehan is representing the plaintiff, Mandy Wells, in a lawsuit filed in a Florida federal court.
The lawsuit centers on allegations that Walgreens engaged in the mislabeling of eyedrops marketed for the treatment of pink eye. According to the complaint, the retail giant not only mislabeled the product but also misled consumers into believing that it was safe and effective.
This legal action in U.S. District Court in Tampa comes on the heels of warning letters sent by the U.S. Food and Drug Administration to Walgreens and several other companies. The FDA’s letters, issued last month, raised concerns regarding the sale and marketing of eye care products that were deemed to pose potential risks to users. To date, none of the products in question have received FDA approval.
Walgreens officials have not issued any public statements in response to these allegations and Sheehan has not made any statements about the case.
The FDA’s letter to Walgreens specifically identified the chain’s branded Pink Eye Drops, Allergy Eye Drops, and Stye Eye Drops as products that were allegedly being unlawfully marketed as unapproved new drugs. Additionally, the FDA pointed out the presence of silver sulfate, a preservative with potential health risks, in these products.
The manufacturing facility where these products were produced was found to be in violation of safety regulations enforced by the agency, the FDA said in the letter.
Wells, the plaintiff in this case, contends that she would not have purchased the product had she been aware of its purported ineffectiveness and potential safety concerns. Wells seeks to represent a class of Florida Walgreens customers in this lawsuit, with the aim of securing unspecified damages.
Following the FDA’s warning letter, Walgreens did take action by discontinuing the sale of the unapproved eye drops. Customers who had purchased these products were also offered a full refund.
The FDA has given the implicated companies, including Walgreens and CVS, a 15-day window to respond to the warning letters. They are required to provide a description of the corrective measures they intend to implement to address the issues raised by the FDA.
Sheehan has been involved in numerous class-action cases related to product mislabeling. It was disclosed in another case, Matthews v. Polar Corp, that he has filed over 500 lawsuits between JanUARY 2020 and April 2023.