Cueto sets class hearing in Finley CVS case

Amelia Flood Dec. 16, 2010, 8:15am


St. Clair County Circuit Judge Lloyd Cueto has set a class notice hearing in January in a case over the effectiveness of CVS Pharmacies Inc.'s version of the immune system supplement "Airborne."

Cueto set the hearing in an order signed Dec. 9.

The class notice hearing is set for Jan. 19, 2011 at 10 a.m.

Cueto certified the class led by lead plaintiff Iean Finley in January of this year.

Finley claims that CVS was guilty of consumer fraud and unjust enrichment in selling an immune system supplement named Airshield that did not boost the immune system.

Finley's suit is one of several class actions filed over the effectiveness of generic immune system supplements two years ago.

Those suits were filed by the same team of attorneys including Paul Weiss, Richard Burke and Kevin Hoerner.

While the Finley suit includes an Illinois-only class, a nearly identical suit against Target that is led by lead plaintiff Brian Buehlhorn would include plaintiffs in Minnesota and California as

That case is also pending currently in St. Clair County.

A third class action against K-Mart settled.

CVS objected to Finley's proposed class notice in September.

The defendant argues that the notice Finley submitted is not detailed enough.

CVS also claims the plaintiff wants it to notify extra class members who may have already been compensated by a 2009 Federal Trade Commission settlement.

Robert Bassett and others represent CVS.

Bassett also represents Target in the Buehlhorn suit.

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

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