Target is new target of cold medicine class action

Kelly Holleran Jan. 5, 2009, 5:12am

A class action lawsuit filed in St. Clair County on Dec. 31 alleges Target engaged in unfair and deceptive practices designed to mislead the public when marketing its "Immunity Supplement" products.

Class plaintiff Brian Buehlhorn of St. Clair County alleges the retailer misled the public into believing Immunity Supplement products protects users from airborne viruses, is a form of immune system defense and decreases a person's likelihood of getting sick.

Attorneys Paul M. Weiss and George K. Lang of Freed and Weiss of Chicago, Richard J. Burke of Richard J. Burke in St. Louis and Kevin T. Hoerner and Brian T. Kreisler of Becker, Paulson, Hoerner and Thompson in Belleville represent Buehlhorn and the putative class.

They are the same group of lawyers who have filed at least three other similar class action suits in St. Clair County. On Nov. 21 they sued Kmart and on Dec. 1 they sued CVS and Ideavillage over their cold medicine products.

"Target's acts and omission constitute, inter alia: (1) violation of Illinois Consumer Fraud Act, and (2) unjust enrichment," the complaint states.

Buehlhorn claims Target's "unfair and deceptive" scheme has caused him and the class to incur substantial damages.

Buehlhorn also alleges Target has benefited at the expense of its consumers.

"The profits and/or benefits obtained by Target through sales of immunity supplement are to the determent of Plaintiff and the class, and violate the fundamental principles of justice, equity and good conscience," the complaint states.

Buehlhorn is asking that the case be certified as a class action and that the court award him and the class damages, attorneys' fees, costs of the suit and other relief the court deems just.

St. Clair County Circuit Court case number: 08-L-667.

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