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 the named plaintiff did not demonstrate that he would fairly and adequately protect the interests of the class and recommended that the motion for preliminary approval be denied.

January 2018: CVS requested preliminary approval of a second amended settlement agreement reached between the parties. The new agreement does not amend the relief provisions but narrows the release provisions and makes some changes to the notice provisions. To read the letter and learn more about the changes to the agreement, click here.

September 2016: A federal judge granted TINA.org’s Motion for leave to file the second letter as (Latin for “friend of the courts.”) A person or organization that is not a party to a lawsuit but has a significant interest in the case and offers information that may be important to the court’s determination..

August 2016: TINA.org files a second letter as amicus curiae opposing the amended settlement agreement.

June 2016: TINA.org filed a letter as (Latin for “friend of the courts.”) A person or organization that is not a party to a lawsuit but has a significant interest in the case and offers information that may be important to the court’s determination. opposing the proposed settlement. To learn more about TINA.org’s involvement in the case, click here.

Later in June, the parties amended the settlement agreement. This agreement addresses many – but not all – of the issues raised by TINA.org regarding the injunctive relief provided in the settlement.

May 2016: After the lawsuit was transferred to a court in New York, plaintiffs moved for preliminary approval of a settlement of this lawsuit. According to the proposed settlement terms, class members with proof of purchase will receive refunds, while class members without proof of purchase will either receive $4 in cash or a $6.50 voucher to use toward a purchase of a CVS-branded dietary supplement. The company also agreed to stop using the statements “clinically shown to improve memory” or “clinically shown memory improvement” on the product label unless such claims are supported by adequate scientific evidence, as well as a vague reference to “claims at issue in this Action.” (Aliano et al v. CVS Pharmacy, Inc., Case No. 16-cv-2624, E.D.N.Y.)

February 2016: A false advertising 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. (Aliano et al v. CVS Pharmacy, Inc., Case No. 16-cv-2624, N.D. Ill.)

For more information about other class-action lawsuits filed against CVS and TINA.org’s coverage of the company, click here.

For more information about other class-action lawsuits about products claiming to improve brain and memory function and TINA.org’s coverage of the topic, click here.


Legal Action

CVS

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…


Class-Action Tracker

CVS Health Infants’ Pain & Fever

Class Action

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 Health Clear Zinc Sunscreens

Class Action

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

Class Action

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

Class Action

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

Class Action

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

Class Action

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

Class Action

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

Class Action

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…

Algal-900 DHA

Class Action

Algal-900 DHA

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

Class Action

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…

Thyroid Tablets

Class Action

Thyroid Tablets

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

Class Action

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

Class Action

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 100% Pure Omega-3 Krill Oil

Class Action

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

Class Action

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

Class Action

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

Class Action

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…

CVS Prescriptions

Class Action

CVS Prescriptions

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

Class Action

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

Class Action

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…

Ultra CoQ-10

Class Action

Ultra CoQ-10

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.…

CVS Flu Relief

Class Action

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…


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