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 have proof of purchase but for whom CVS has records showing that they purchased the product online may receive a voucher to use toward the purchase of any CVS product; and class members who have neither proof of purchase nor any CVS records may receive either $5.50 in cash or a $7 voucher. The agreement states that CVS no longer sells products with labels making the challenged claims and, as part of the settlement agreement, CVS agreed not to make the challenged claims for a period of two years. A final fairness hearing is scheduled for September 26, 2019.
February 2016: A class-action lawsuit was filed against CVS for allegedly misleadingly marketing Algal-900 DHA as “clinically shown to improve memory” without having adequate scientific evidence to support such claims. (Worth et al v. CVS Pharmacy, Inc., Case No. 16-cv-498, E. D. NY.)
For more information about other class-action lawsuits filed against CVS and TINA.org’s coverage of the company, click here.