Plaintiff outlines plan for class notice in CVS immune supplement class action

Amelia Flood Jun. 1, 2011, 9:15am


The lead plaintiff in a class action brought against CVS Pharmacies Inc. over claims its version of a popular immune system booster doesn't work has laid out how he will notify other class members.

Lead plaintiff Iean Finley filed a motion to amend the plan for class notice in his case May 4.

CVS had previously objected to Finley's class notice form, contending it was overly broad.

Finley is leading a class of CVS customers who bought the store's version of the immune system supplement Airborne.

The lawsuit alleges that class members were duped and that the CVS drug did not boost the immune system as claimed.

CVS denies the claims.

St. Clair County Circuit Judge Lloyd Cueto certified the class last year.

CVS later objected that Finley's proposed class notice was overly broad and that it sought to include class members previously compensated in a Federal Trade Commission settlement.

In Finley's May 4 class notice plan, the plaintiff includes a class of CVS customers who purchased "AirShield" from December 2003 to the class's certification date in January 2010.

Finley proposes five forms of class member notice:

- Direct notice via mailings sent to members taken from CVS's ExtraCare Rewards

- Point of sale notice printed on CVS customer receipts for a six week period

- In store circular publication of a notice

- The publication of notices in Sunday newspapers including the St. Louis Post-Dispatch

- Internet notice.

The suit is one of a number of immune system supplement class actions filed in St. Clair County three years ago.

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

At least one of those suits, filed against Target Corporation, remains pending before a St. Clair County judge.

Robert Bassett and others represent CVS in the suit.

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

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Target Corporation
1000 Nicollet Mall
Minneapolis, MN 55403

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