March 27th, 2020
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 favor of CVS, Target, and Walmart in order to be consistent with the previous summary judgment ruling in favor of the other defendants. Later in
October 17th, 2019
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 claims were preempted by federal law. February 2019: A class-action lawsuit was filed against CVS Health for allegedly falsely advertising that CVS Health Glucosamine Joint
January 24th, 2019
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 Enhanced Absorption Formula CoQ-10 dietary supplements as having enhanced absorption and supporting heart health when, according to the complaint, the supplements do not provide the
July 17th, 2018
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 product is capable of reducing errors by “50% or more” in an “episodic memory test” when, according to the plaintiffs, the product does not work
June 6th, 2018
June 2018: This action was voluntarily dismissed . 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
March 15th, 2018
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 300mg of omega-3 krill oil when, according to the plaintiffs, the product contains only 180mg of krill oil. (Gaminde et al v. Lang Pharma Nutrition, Inc., CVS Health
December 5th, 2017
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 the sunscreen is 26. (Forouzesh et al v. CVS Pharmacy, Inc., Case No. 17-cv-8375, C. D. CA.) For more information about the marketing of sunscreens,
October 27th, 2017
May 2017: This action was voluntarily dismissed , the reasons for which have not been disclosed. September 2016: The First Circuit Court of Appeals reversed the district court’s order dismissing the complaint. To read the decision, click here. February 2016: Plaintiffs filed a Notice of Appeal of the District Court’s decision to dismiss. January 2016:
August 31st, 2017
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 when, according to the complaint, customers who use insurance to pay for medicine are charged more than customers who do not use insurance and pay
May 31st, 2017
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 filed against CVS Health and Nice-Pak Products, Inc. for allegedly misleadingly marketing flushable wipes – including CVS/pharmacy® Flushable Cleansing Wipes and Total Home by CVS
November 21st, 2016
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 July 2015, alleges that CVS misrepresents the nature and quality of its dietary supplement CVS Whey Protein Powder. Among other things, plaintiffs claim that the
June 7th, 2016
TINA.org finds that the marketing of Algal-900 DHA violates FTC order.
May 11th, 2016
March 2016: This lawsuit was dismissed in accordance with the terms of a confidential settlement agreement. December 2015: A class-action lawsuit was filed against CVS for allegedly deceptively packaging CVS® acetaminophen and ibuprofen products using ed packaging and making it appear as if consumers are getting more product than they actually are. According to the
March 4th, 2016
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 symptoms such as fever, aches, pains, & chills” when, in reality, the product does not and cannot provide such relief because it is a “sugar
August 10th, 2020
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 – kill 99.99% of germs when, according to plaintiffs, the products are not effective against several organisms that cause diseases, such as the norovirus and
July 6th, 2020
Since 1995, the FTC has brought nearly 70 actions over deceptive brain claims.
October 1st, 2019
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 proof of purchase or a CVS ExtraCare account that shows a purchase of the product may receive a full refund; class members who do not
January 24th, 2019
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 their store brand names) and four retailers who sell Lang supplements – Walmart, CVS, Walgreens, and Meijer – alleging that they misleadingly market store brand
January 24th, 2019
These claims are tough to swallow.