Class Action Over Recalled Valsartan Targets Walmart, CVS, Kroger, Other Retailers Over Selling NDMA-Tainted Drugs

Walmart, CVS, Kroger and other retailers have been named as defendants in a class action lawsuit filed over recalled valsartan pills, which were sold for years with an impurity that may increase the risk of cancer.

The complaint (PDF) was filed by a group of plaintiffs in the U.S. District Court for the District of New Jersey on September 26, naming the prominent retailers as defendants, together with Torrent Pharma, Hetero USA and Camber Pharmaceuticals, Inc.

The lawsuit seeks class action status on behalf of purchasers of the recalled generic blood pressure drugs, which plaintiffs allege were not fit for human consumption since they were tainted.

“This is a class action lawsuit regarding Defendants Torrent, Hetero, and Camber’s manufacturing and distribution of valsartan-containing generic prescription medications contaminated with N-nitrosodimethylamine (NDMA), a carcinogenic and liver-damaging impurity,” the lawsuit states. “In turn, Defendants Kroger, QFC, CVS, and Walmart sold this contaminated generic medication to Plaintiffs and other similarly-situated consumers.”

The lawsuit also seeks statutory damages, and damages for injuries from sustained consuming of toxic substances. However, the lawsuit does not indicate that the victims were diagnosed with cancer or any other specific injuries.

The first valsartan recalls were announced in Europe on July 5, after batches of the active ingredient supplied by Zhejiang Huahai Pharmaceuticals in China, tested positive for NDMA, which may increase the risk of several different types of cancer among humans. That initial recall affected about 2,300 batches of valsartan and valsartan HCTZ shipped throughout Europe and Canada. The same manufacturer made the recalled Torrent Pharmaceutical pills.

The FDA followed with its own recall announcement on July 13, indicating that the agency had launched an investigation to determine the scope of the contamination and the potential risk to consumers.

The FDA has assigned a group of pharmacists and nurses to answer consumer’s questions about the recalls. Since the first recalls, the agency indicates it has received more than 6,000 inquiries from patients, doctors, nurses, pharmacists and academics. Inquiries can be made by calling 855-543-3784 or by sending an email to druginfo@fda.hhs.gov.

The class action complaint comes as a growing number of individual valsartan cancer lawsuits are being investigated by lawyers nationwide, including claims for kidney cancer, liver cancer and other digestive tract cancers.