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…
Ovulation Test Kits
Case Name (Date)
Dave et al. v. Abbott Laboratories et al.
22-cv-7642, E.D.N.Y.
(Sept. 2022)
La Rosa et al. v. Abbott Laboratories et al.
22-cv-5435, E.D.N.Y.
(Sept. 2022)
Product/Service
Ovulation Test Kits
Allegations
Falsely advertising that kits testing levels of luteinizing hormone (a hormone that generally rises quickly immediately before ovulation) predict ovulation with 99% or greater accuracy when spikes in hormone levels may be unrelated to ovulation
Status
Dave case: Consolidated with the La Rosa case
La Rosa case: Dismissed; appeal filed
Legal Action
Target
TINA.org investigated Target’s website – www.target.com – and found that false and deceptive Made in the USA labeling issues were widespread on its site, including product specifications that falsely stated…
Class-Action Tracker
FreeStyle Libre 3 and FreeStyle Libre 3 Plus
Allegations: Marketing that products effectively, accurately and reliably monitor blood glucose levels without disclosing that the monitors may report false low glucose levels due to a defect
Ensure Nutritional Drinks
Allegations: Misleadingly marketing drinks as healthy
Pedialyte
Allegations: Misleadingly marketing products as safe and healthy when they contain sucralose, which is a sugar alternative that increases the risk of diabetes, obesity, cardiovascular disease, and cancer
Similac Infant Formula
Allegations: Failing to disclose that products contain heavy metals
Similac Go & Grow Toddler Drink
Allegations: Deceptively marketing products as meeting the nutritional needs of children who are older than twelve months
Glucerna
Allegations: Falsely marketing that products are “specifically designed for people with diabetes” and “help manage blood sugar” when they contain ingredients that negatively affect blood sugar levels and gut health
PediaSure Grow & Gain
Allegations: Falsely marketing that products are “clinically proven to help kids grow” when scientific evidence shows such claims are not true
Several Similac Baby Formula Powders
Allegations: Products make fewer 4-ounce bottles than advertised
Similac Infant Formulas
Allegations: Products do not contain enough powder to make the advertised number of bottles
Similac Powdered Infant Formulas
Allegations: Products do not contain enough powder to make the advertised number of bottles
Similac Infant Formulas and Toddler Drink Powders
Allegations: Falsely marketing products as “Non-GMO” when they contain ingredients derived from genetically modified food sources
Similac, Alimentum, and EleCare
Allegations: Misleadingly marketing formulas as safe when they cause serious health problems
Similac Pro-Advance Infant Formula
Allegations: Making misleading claims in the marketing for formulas
Similac® Advance® Organic Infant Formulas
Similac Advanced Non-GMO Baby Formula
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