Cueto to hear class notice issue in CVS immune supplement class action March 30

Amelia Flood Mar. 9, 2011, 7:29am


St. Clair County Circuit Judge Lloyd Cueto is set to hear arguments on how a class of CVS Pharmacies Inc. customers will be notified about a class action suit brought over the effectiveness of an immune system supplement.

CVS objected last year to the notice lead plaintiff Iean Finley sought for the Illinois-only class.

Finley filed suit in 2008 on behalf of consumers who bought CVS's store brand of the popular immune supplement Airborne.

The hearing will be March 30 at 9 a.m.

Finley claims that CVS's AirShield did not boost the immune system as claimed.

The case is one of several immune supplement class actions filed by Finley's attorneys – Paul Weiss, Richard Burke, and Kevin Hoerner – three years ago.

Another, led by lead plaintiff Brian Buehlhorn against Target, would include class members in states outside of Illinois.

Cueto certified the Illinois-only Finley class in January 2010.

CVS objected to Finley's proposed class notice in September 2010.

The company claims that the notice Finley proposes is too vague and that it would require notice of people who were already compensated by a settlement CVS reached with the Federal Trade Commission in 2009.

The class notice hearing has been moved several times to date.

Most recently, the hearing was continued Jan. 19 when CVS counsel Robert Bassett asked to move the hearing because his counterpart, Burke, could not attend the setting.

Cueto agreed.

The case has seen little action this year.

In addition to the moved hearing Jan. 19, attorney Brian Kreisler
entered his appearance as part of Finley's team.

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

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