Burke

Another two class action lawsuits against makers of cold medicine have been filed in St. Clair County by the same group of lawyers who launched a similar suit against Kmart on Nov. 21.

Attorneys Paul M. Weiss and George K. Lang of Freed and Weiss in Chicago, Richard J. Burke of St. Louis and Kevin T. Hoerner and Brian T. Kreisler of Becker, Paulson, Hoerer and Thompson in Belleville on Dec. 1 filed suit against CVS and Ideavillage Products.

The case against CVS alleges the pharmacy engaged in unfair and deceptive practices designed to mislead the public in selling its "AirShield" products.

Class plaintiff Jean M. Finley of Madison County alleges CVS misled the public into believing that AirShield protects against illness and boosts the immune system.

"CVS' AirShield product is designed to piggyback on the increasing popularity and recognition of 'health care products' and in particular – Airborne," the complaint states.

Finley claims CVS's "unfair and/or deceptive practices" have caused her and the class to incur damages.

In the two-count suit, Finley is asking that the case be certified as class action, be certified as a statutory fraud count and be certified as an unjust enrichment claim and that the court award her and the class damages no more than $75,000 for each class member, costs of the suit, attorneys' fees and other relief the court deems just.

The suit against Ideavillage Products also alleges it engaged in unfair and deceptive practices in selling its "NutaMist Immune Boost" products.

Class plaintiff Aaron C. Durkee of Fairview Heights claims the public was misled into believing that the product protects against and prevents colds and boosts the immune system.

"Defendant has no scientific or otherwise legitimate basis for making any of its health efficacy claims, and such claims are thus unfair, unjust and deceptive," the complaint states.

Durkee claims Ideavillage Products "unfair and/or deceptive practices" have caused him and the class to incur damages.

"Such benefits constitute unjust enrichment for Defendant and it would be inequitable under the circumstances for it to retain the benefits received," the suit states.

In the two-count suit, Durkee is asking that the case be certified as class action and be certified as an unjust enrichment claim and that the court award him and the class damages, prejudgment interest, costs of the suit, attorneys' fees and other relief the court deems just.

The case against Kmart makes the same claims about its product Germ Defense.

St. Clair County Circuit Court case number: 08-L-616 and 08-L-617.

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