CVS
TINA.org investigated the marketing used to promote life’sDHA™, a supplement sold by CVS Pharmacy under the name Algal-900 DHA, and found that the marketing deceptively implied the product could improve memory and prevent cognitive decline without proper substantiation in violation of a 2014 FTC Order.

Highlights
- Filed complaint with FTC
- Objected to proposed class-action settlement
- Parties revised settlement to address some of TINA.org's concerns
Timeline
2018
June 4
The parties in the Aliano case file a joint stipulation to dismiss the case without prejudice.
May 21
The U.S. Magistrate Judge presiding over the Aliano case recommends denying preliminary approval of the settlement agreement reached between the parties because he concluded that the named plaintiff in the case failed to demonstrate that he would fairly and adequately protect the interests of the class.
2016
September 20
The Aliano Court grants TINA.org’s Motion for Leave to file second amicus curiae letter.
August 16
TINA.org files a second letter with the Aliano Court as amicus curiae, this time opposing the amended settlement agreement and again urging the Court to deny preliminary approval of the settlement.
June 24
The parties in the Aliano case reach an amended settlement agreement, which addresses many — but not all — of the issues raised by TINA.org regarding the injunctive relief portion of the settlement, though it continues to allow CVS to make implied treatment claims and still provides insufficient monetary relief to class members.
June 17
DSM Nutritional Products sends a letter to the FTC in response to TINA.org’s June 3rd letter.
June 7
The Aliano Court grants TINA.org’s
Motion for Leave to file amicus curiae letter.
June 3
TINA.org notifies the FTC of ongoing violations of the 2014 Commission Order. TINA.org also files a letter with the Court in the Aliano case as amicus curiae opposing the proposed settlement and urging the Court to deny preliminary approval of the settlement.
May 2
The parties in the Aliano case reach a settlement agreement.
February
A class-action lawsuit was filed against CVS over its allegedly deceptive marketing of the supplement Algal-900 DHA as “clinically shown” to improve memory and prevent cognitive decline without having adequate substantiation to support such claims. The case name is Aliano v. CVS Pharmacy, Inc.
2014
August 21
The FTC files an administrative complaint against I-Health, Inc. and Martek Biosciences Corp. for deceptively advertising the supplement BrainStrong Adult that results in an Order that prohibits the companies from claiming any supplement can improve memory or prevent cognitive decline unless the claim is substantiated by competent and reliable scientific evidence.
Featured

Short Memory Lands CVS Brain Supplement in Legal Trouble
TINA.org finds that the marketing of Algal-900 DHA violates FTC order.
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Class-Action Tracker

CVS Health Toddler Beginnings
Allegations: Misleadingly marketing CVS Health Toddler Beginnings

Ovulation Test Kits
Allegations: Falsely advertising the accuracy of ovulation test kits

CVS Health Acetaminophen PM
Allegations: Falsely marketing products as “non habit-forming”

CVS Health Bandages
Allegations: Failing to disclose that products contain harmful synthetic chemicals known as PFAS

Various Dry Shampoos
Allegations: Failing to disclose products contain the carcinogen benzene

Gold Emblem Yogurt Pretzel Twists
Allegations: Falsely marketing products as covered in yogurt and healthy when the coating is actually “candy-like” and contains several unhealthy ingredients

CVS Health Acne Products
Allegations: Misleadingly representing that products were safe and tested by dermatologists when they contain, or were at risk of containing, the carcinogen benzene

CVS Health Eye Drops
Allegations: Marketing products as sterile and safe when they have been contaminated with bacteria that may cause eye infections that can lead to partial vision loss or blindness

Sudafed, Tylenol, NyQuil, Theraflu, Mucinex, and Several Store Brands
Allegations: Falsely marketing that phenylephrine products treat congestion and other cold and flu symptoms

NyQuil, Tylenol, Sudafed, Mucinex, and Several Store Brands
Allegations: Falsely marketing that medicines treat nasal congestion

Tylenol, TheraFlu, Mucinex, and Several Store Brands of Cold and Flu Medicines
Allegations: Falsely marketing medicines as nasal decongestants

Sudafed, NyQuil, Theraflu, Robitussin, Tylenol, Mucinex, and Several Store-brand Cold and Flu Medicines
Allegations: Falsely marketing medicines as nasal decongestants

Donations Given at CVS
Allegations: Defrauding consumers by asking them to make donations to the American Diabetes Association on checkout screens when all or part of the donated money went to CVS

Several Brands of Cold and Flu Medicines
Allegations: Falsely marketing that phenylephrine products treat congestion and other cold and flu symptoms

CVS Health Nasal Decongestant PE
Allegations: Falsely marketing medicines as nasal decongestants

Sudafed, Tylenol, and Other Cold and Flu Medicines
Allegations: Falsely marketing products as decongestants

CVS Health Pink Eye Drops
Allegations: Falsely marketing that products treat symptoms of pink eye

Sudafed, CVS, Advil, Up & Up, Signature Care, Equate, and Tylenol Cold and Flu Medicines
Allegations: Falsely marketing that medicines treat nasal congestion

CVS Cold and Flu Medicines
Allegations: Falsely marketing that medicines treat congestion and other sinus issues

CVS Health Maximum Strength Lidocaine Pain Relief Patches
Allegations: Misleadingly marketing that patches provide “Maximum Strength” doses of lidocaine and up to 8 or 12 hours of pain relief

CVS Dry Mouth Discs
Allegations: Marketing that products promote a healthy mouth when using them contributes to various oral health issues

CVS Health Antiplaque & Whitening Toothpaste
Allegations: Making misleading claims about the ingredients and capabilities of the toothpaste

CVS Health Gum & Enamel Repair
Allegations: Falsely marketing products as if they repair gums and reverse gingivitis when the active ingredient does not provide such benefits

Several Store Brand Acetaminophen Products
Allegations: Marketing products as safe pain relievers for pregnant women without warning consumers that scientific evidence shows prenatal exposure to APAP can cause neurodevelopmental disorders in children

CVS Health Hydrogen Peroxide
Allegations: Falsely marketing hydrogen peroxide as a treatment for minor cuts and abrasions

CVS Cough Medicine
Allegations: Falsely marketing medicine as “non-drowsy” when an ingredient causes drowsiness

CVS Cotton Swabs
Allegations: Deceiving consumers about the proper use for its cotton swabs and failing to adequately disclose the risks associated with using cotton swabs to clean in the ear canal

Several Brands of Magnesium Citrate Saline Laxatives
Allegations: Failing to disclose that products may contain a dangerous substance that increases the risk of serious adverse health consequences and death

Vi-Jon Magnesium Citrate Saline Laxative
Allegations: Failing to disclose that products contain a harmful substance and may increase the risk of contracting invasive infections

CVS Advanced Formula Hand Sanitizer with Aloe Vera
Allegations: Falsely marketing that hand sanitizers “kill[] 99.99% of germs” when scientific evidence shows that alcohol-based hand sanitizers do not kill many types of germs

Betty Lou’s Protein Shakes
Allegations: Falsely marketing that products contain more protein than they actually do

CVS After-Sun Aloe Vera Products
Allegations: Failing to disclose products contain the carcinogenic chemical benzene

CVS Health Maximum Strength Lidocaine Pain Relieving Products
Allegations: Misleadingly marketing products as “maximum strength” when similar products from competitors contain more lidocaine

CVS Health Infants’ Pain & Fever
Allegations: Misleadingly marketing the infants’ product as specifically formulated for infants when it has the same concentration of acetaminophen as the children’s version

CVS Cough Medicines with DXM
Allegations: Falsely marketing medicines as “non-drowsy” when the active ingredient in them causes drowsiness

CVS Health Clear Zinc Sunscreens
Allegations: Misleadingly marketing that the active ingredients in sunscreens are zinc oxide minerals when there are also chemical active ingredients in the sunscreens

CVS Health Infants’ Pain & Fever Acetaminophen
Allegations: Misleadingly marketing that the product is specifically formulated for infants and charging more for the infants’ product when it contains the same formulation of the same active ingredient in…

CVS Brand Hand Sanitizers
Allegations: Misleadingly marketing that hand sanitizers “Kill[] 99.99% of Germs” when there is no scientific evidence to support such claims

CVS Flushable Wipes

Several Store-Brand Hand Sanitizers

CVS Aftersun Aloe Vera Moisturizing Gel

CVS Health Glucosamine Supplements

Algal-900 DHA

Lang Pharma Nutrition’s CoQ-10 Softgels

CVS Enhanced Absorption Formula CoQ-10 Dietary Supplements

Thyroid Tablets

Gold Emblem® Red Fish Candy

CVS’s Algal-900 DHA Supplement

CVS Algal-900 DHA

CVS 100% Pure Omega-3 Krill Oil

Several Brands of Flushable Wipes

CVS Sport 100+ SPF Sunscreens

CVS Vitamin E Supplements

CVS Prescriptions

CVS Brand Flushable Wipes

CVS Whey Protein Powder

Ultra CoQ-10

The Packaging of CVS® Acetaminophen and Ibuprofen Products
