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

Gold Emblem Yogurt Pretzel Twists

Class Action

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

Class Action

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

Class Action

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

Donations Given at CVS

Class Action

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 Dry Mouth Discs

Class Action

CVS Dry Mouth Discs

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

CVS Health Gum & Enamel Repair

Class Action

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

Class Action

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 Cotton Swabs

Class Action

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

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


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