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.
- Filed complaint with FTC
- Objected to proposed class-action settlement
- Parties revised settlement to address some of TINA.org's concerns
The parties in the Aliano case file a joint stipulation to dismiss the case without prejudice.
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.
The Aliano Court grants TINA.org’s Motion for Leave to file second amicus curiae letter.
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.
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.
DSM Nutritional Products sends a letter to the FTC in response to TINA.org’s June 3rd letter.
The Aliano Court grants TINA.org’s
Motion for Leave to file amicus curiae letter.
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.
The parties in the Aliano case reach a settlement agreement.
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.
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.
CATrends: Lidocaine Pain Relief Patches
Plaintiffs allege packaging misrepresents lidocaine dosages as ‘maximum strength,’ among other things.
CATrends: OTC Cold and Flu Medicines Falsely Marketed as ‘Non-Drowsy’
Several products marketed as “non-drowsy” contain an ingredient that causes drowsiness, lawsuits claim.
Various Store-Brand Aloe Vera Gels
Several store-brand aloe vera gels lack the acclaimed soothing ingredient.
CVS brand of memory supplement under legal fire.
Cold Products Pay Millions for Misleading Consumers
Unproven cold prevention and treatment claims are nothing to sneeze at.
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
CVS Health Toddler Beginnings
Allegations: Misleadingly marketing CVS Health Toddler Beginnings
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
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
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
Ovulation Test Kits
Allegations: Falsely advertising the accuracy of ovulation test kits
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 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 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
In November 2020, a class-action lawsuit was filed against CVS Health Corp. and Nice-Pak Products for allegedly falsely marketing wipes – including CVS Health Flushable Cleansing Wipes and CVS Health…
Several Store-Brand Hand Sanitizers
In July 2020, a class-action lawsuit was filed against Vi-Jon, Inc. for allegedly falsely advertising that germ-X and several store-brand hand sanitizers – including CVS Health, equate (Walmart), and Walgreens…
CVS Aftersun Aloe Vera Moisturizing Gel
March 2020: The Seventh Circuit Court of Appeals affirmed the district court’s decision to grant summary judgment in favor of the companies. April 2019: A federal judge granted judgment in…
CVS Health Glucosamine Supplements
June 2019: The named plaintiff filed a Notice of Appeal regarding the dismissal order. (Case No. 19-55671, 9th Cir.) May 2019: A federal judge dismissed this case finding that the…
September 2019: A federal judge granted final approval of the settlement agreement. May 2019: A federal judge preliminarily approved a settlement agreement. According to its terms, class members who have…
Lang Pharma Nutrition’s CoQ-10 Softgels
In July 2018, a state judge preliminarily approved a settlement of a class-action lawsuit filed against Lang Pharma Nutrition (a company that supplies retailers with CoQ-10 supplements to sell under…
CVS Enhanced Absorption Formula CoQ-10 Dietary Supplements
May 2015: This lawsuit was dismissed for lack of subject-matter jurisdiction. March 2015: A class-action lawsuit was filed against CVS Pharmacy and Lang Pharma Nutrition for allegedly falsely advertising CVS…
In October 2018, a class-action lawsuit was filed against Westminster Pharmaceuticals and CVS Pharmacy for allegedly representing that its Thyroid Tablets – a brand of generic prescription thyroid medication –…
Gold Emblem® Red Fish Candy
April 2018: A federal judge dismissed this case because the parties reported that they reached a settlement agreement. November 2017: A class-action lawsuit was filed against CVS for allegedly deceptively…
CVS’s Algal-900 DHA Supplement
In July 2018, a class-action lawsuit was filed against CVS for allegedly marketing the supplement Algal-900 DHA as being clinically shown to improve memory and cognitive function and claiming the…
CVS Algal-900 DHA
June 2018: This action was voluntarily dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled.. May 2018: A magistrate judge concluded that…
CVS 100% Pure Omega-3 Krill Oil
In March 2018, a class-action lawsuit was filed against Lang Pharma Nutrition and CVS Pharmacy for allegedly misrepresenting that CVS brand 100% Pure Omega-3 Krill Oil contains 300 mg of…
Several Brands of Flushable Wipes
In December 2017, a class-action lawsuit was filed against several manufacturers of flushable wipes – specifically, Costco, CVS, Kimberly-Clark, Procter & Gamble, Target, Walgreens, and Walmart – for allegedly falsely…
CVS Sport 100+ SPF Sunscreens
In November 2017, a class-action lawsuit was filed against CVS for allegedly falsely marketing the SPF in CVS Sport sunscreens as 100+ when plaintiffs claim that the actual SPF of…
CVS Vitamin E Supplements
May 2017: This action was voluntarily dismissed When a complaint is dismissed with prejudice, it cannot be refiled., the reasons for which have not been disclosed. September 2016: The First…
In August 2017, a false advertising class-action lawsuit was filed against CVS. Among other things, plaintiffs allege that CVS deceptively represents that it provides customers with more affordable prescription drugs…
CVS Brand Flushable Wipes
April 2017: This case was transferred to a court in Maryland. (Palmer et al v. CVS Health et al, Case No. 17-cv-938, D. MD.) May 2015: A class-action lawsuit was…
CVS Whey Protein Powder
A false advertising class-action lawsuit against CVS survived a motion to dismiss filed by CVS in March 2016. The complaint, which was originally filed in November 2014 and amended in…
August 2015: A federal judge dismissed this action When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled. for lack of subject matter jurisdiction.…
The Packaging of CVS® Acetaminophen and Ibuprofen Products
March 2016: This lawsuit was dismissed When a complaint is dismissed with prejudice, it cannot be refiled. in accordance with the terms of a confidential settlement agreement. December 2015: A…
CVS Flu Relief
In February 2016, a class-action lawsuit was filed against CVS for allegedly deceptively representing that CVS Flu Relief “[t]emporarily relieves flu-like symptoms” and “reduces the duration & severity of flu-like…