Judge Cueto sets status conference in Kmart "Germ Defense" class action

Amelia Flood Oct. 21, 2009, 9:52am



A suit over a generic immunity booster sold by Kmart stores is set for a status conference early next week.

The suit is similar to several others filed in St. Clair County in 2008 against pharmacies and retailers selling their own forms of the popular "Airborne" supplement.

The same team of attorneys, Richard Burke of St. Louis, Paul Weiss of Chicago and Kevin Hoerner and Brian Kreisler of Belleville, are at the helms of all of the suits.

The Kmart suit is virtually identical to suits filed by the four against Target, CVS pharmacies and others.

Each suit claims that the retailers breached the Illinois Consumer Fraud Act by selling a product that does not boost the immune system as claimed.

Lead plaintiff Larry Adams is suing on behalf of others similarly situated on claims of violation of the consumer fraud statute and unjust enrichment. The suit seeks damages of not more than $75,000 per individual class member, costs and attorneys' fees.

On Sept.14, presiding judge, St. Clair Circuit Judge Lloyd Cueto ordered the case status hearing continued to Oct. 26 at 9 a.m.

Adams and the proposed class are represented by the Burke team.

Kmart is represented by William Knapp of Edwardsville and Mark Brand of Collinsville.

The case is St. Clair case number 08-L-599.

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