Walgreen Co. has filed a lawsuit against Therabody, Inc. for breach of contract in the United States District Court for the Northern District of Illinois, under case number 24-cv-3218 on April 22, 2024. The dispute arises from Therabody's alleged failure to fulfill its contractual obligations related to the sale of massage therapy devices to Walgreens. Walgreens alleges that Therabody agreed to refund any damaged, defective, lost or stolen units prior to sale and reimburse Walgreens for any shortfall in ordered quantities.
The plaintiff, represented by its attorneys, claims that Therabody failed to live up to these agreements leading to substantial losses. As a direct result of these breaches, Walgreens has suffered damages amounting to at least $6,383,201 which it seeks to recover through this lawsuit.
In their complaint, Walgreens outlines the details of their agreement with Therabody which was signed by Benjamin Nazarian on behalf of Therabody with an effective date of April 22, 2021. The Merchandise Vendor Agreement (MVA) stipulated that any unsold merchandise could be returned or disposed of by Walgreens at its discretion and it would be entitled to a credit from Therabody for the cost of such merchandise.