Cueto orders parties in CVS immune supplement case to submit class notice

Amelia Flood Jul. 15, 2010, 3:39am


After several months of inaction, a class action case over the effectiveness of an immune system supplement is moving ahead.

St. Clair County Circuit Judge Lloyd Cueto on July 1 ordered plaintiff Iean Finley and defendant CVS Pharmacies Inc. to send in their recommendations for class notice before an August hearing.

The order, entered after a case management conference, was the first action in the 2008 suit since Cueto certified the class in January.

Finley is suing CVS claiming its generic form of the immune system supplement "Airborne" does not work.

The suit is one of a series filed by the same team of lawyers against CVS, Target and other retailers two years ago.

The suits allege similar claims against the retailers over their forms of Airborne and several are pending in St. Clair County courtrooms to date.

Finley's suit alleges CVS violated Illinois' consumer fraud law and was unjustly enriched by selling a drug that does not work.

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

According to Cueto's order, the plaintiff is to submit the proposed class notice by July 22.

The defendants will then have until Aug. 6 to submit theirs.

A hearing on the matter will be held at 9 a.m. on Aug 19.

Kevin Hoerner, Brian Kreisler, Richard Burke and Paul Weiss represent Finley and the class. They also helm the other suits pending in St. Clair County over the immune supplements.

CVS is represented by Robert Bassett, David Smith and others.

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

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