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.

U.S. Magistrate Judge Report and Recommendation

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.

TINA.org Letter Opposing Amended 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.

Aliano v. CVS Amended Stipulations of Settlement

June 17

DSM Nutritional Products sends a letter to the FTC in response to TINA.org’s June 3rd letter.

Letter From DSM to FTC

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.

Letter to FTC Regarding Order Violations

TINA.org Letter Opposing Settlement

May 2

The parties in the Aliano case reach a settlement agreement.

Aliano v. CVS 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.

Aliano v. CVS Amended Complaint

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.