Certification hearing set for July in CVS Airshield suit

Amelia Flood Jun. 10, 2009, 9:58am



A class action suit over the effectiveness of CVS Pharmacy's cold remedy "Airshield" is set for a certification hearing before St. Clair County Circuit Judge Lloyd Cueto at 9 a.m. on July 2.

The 2008 suit alleges the product does not work and that the company violated the Illinois Consumer Fraud and Deceptive Business Practices Act. The suit is nearly identical to one brought against the Minnesota-based Target stores over its "Immunity Supplement."

That case is pending before St. Clair County Circuit Judge Patrick Young.

The suit against CVS was originally assigned to St. Clair County Circuit Judge Robert LeChien. LeChien recused himself on Jan. 8.

Lead plaintiff Iean Finley seeks to represent those who bought the CVS product on or before Sept. 3, 2003 to the present. Finley alleges that the "Airborne"-like product does not work and is deceptively packaged. He claims its labeling makes no mention of its ineffectiveness against illness and immune system support.

The suit argues that CVS is guilty of unjust enrichment through its sales of the product.

Finley is seeking damages of not more than $75,000 per class member, costs and attorneys' fees.

CVS has asked in January 2009 for dismissal of the suit, arguing that the plaintiff's claims were unsupported, the plaintiff failed to plead the factual basis of his own claims in the complaint and that Finley failed to plead his case for CVS's alleged violation of the state consumer fraud law.

At a dismissal motion hearing before Cueto on March 30, the plaintiff was granted leave by the court to file an amended complaint. It was filed the same day.

Finley is represented by Paul Weiss, Richard Burke and Kevin Hoerner. CVS is represented by Robert Bassett and others.

All of the attorneys in the Finley case represent clients in the pending Target case.

The Finley case is St. Clair case number 08-L-616.

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