The Packaging of CVS® Acetaminophen and Ibuprofen Products

March 2016: This lawsuit was dismissed with prejudice 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 slack-filled packaging and making it appear as if consumers are getting more product than they actually are. According to the complaint, the bottles contain significant non-functional slack-fill (i.e., empty space or a filler material, such as cotton) of up to 83%, in violation of federal and state laws. (Marte et al v. CVS Health Corp. (formerly CVS Caremark Corp.) and CVS Pharmacy, Inc., Case No. 15-cv-9431, S. D. NY.)

For more information about other class-action lawsuits regarding slack-filled packaging and’s coverage of the issue, click here.

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When a complaint is dismissed with prejudice, it cannot be refiled.

You know when you buy a big bag of chips, and you’re all psyched for a feast, and then it turns out there are like, three chips in the bag? That bag is slack filled.

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