Duke dermatologists, who filed suit against Walmart in March over the company’s use of an ingredient they claim causes cancer, say the company is using deceptive marketing tactics.
In a statement, the dermatologists’ attorney, William R. Shipps, said they will file an arbitration action against Walmart alleging that the company misled consumers about the risks of the drug.
Shipper alleges the retailer made “unfair, deceptive, and misleading claims about its product in the advertising and promotions” on its website, Walmart’s website and its online store.
Walmart has not yet responded to the lawsuit.
The lawsuit says the Duke-affiliated dermatologists and others at Duke are seeking $6 million in damages, a court-ordered retraction and an injunction barring the retailer from using the ingredient on any new products.
Shipps says the drug, which has been used for decades, is an anti-inflammatory and an antioxidant that is “safe, effective and well tolerated.”
It is also said to be a cancer fighter.
“The Duke dermatology members believe that their lives are in jeopardy if they are unable to access this lifesaving medicine because of Walmart’s actions,” the lawsuit said.
Walton has been a target of anti-cancer activists in recent years.
They have filed class-action lawsuits alleging the retailer is guilty of selling unsafe products and have challenged the retailer’s marketing of the medication as safe.
The lawsuits have not been resolved.
In 2016, a federal jury awarded $1.7 billion in damages to Duke dermatologic, an affiliate of the University of North Carolina, in a lawsuit alleging that Walmart was marketing the drug as a cure-all for the disease.