Target files answer in immune booster class action

Amelia Flood Oct. 22, 2009, 3:00am


Target denies that it violated the Illinois Consumer Fraud Act by selling a generic form of the immune supplement "Airborne."

The Minnesota-based retailer filed its answer Oct. 13 to an amended complaint of a 2008 class action suit that mirrors several others currently pending in St. Clair County.

Plaintiffs in the Target suit, represented by the same team of lawyers that brought suits over "Airborne" generics marketed by CVS and Kmart, expanded the class in September to include Florida, Minnesota and California over Target's objections.

According to the suit, Target's "Immunity Supplement" is marketed as boosting a person's immune system when it does not.

The class contends Target is guilty of violating consumer fraud laws in the four states listed in the suit and that it is guilty of unjust enrichment.

In its Oct. 13 answer, Target denies the charges.

The suit seeks damages of not more than $75,000, costs and attorneys' fees per individual class member.

St. Clair County Circuit Judge Patrick Young is presiding.

The plaintiff and class are represented by Richard Burke, Paul Weiss, Kevin Hoerner and Brian Kreisler. The team also represents plaintiff classes in the other pending class actions over Airborne generics.

Target is represented by Robert Bassett and others.

The case is St. Clair case number 08-L-667.

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