CVS files motion opposing class certification in Airshield suit

By Amelia Flood | Dec 1, 2009

The defendant in one of a series of suits brought over generic forms of the popular supplement "AirBorne," has filed its reasons for opposing the certification of the class acting against it.

CVS Pharmacies Inc. filed its motion opposing class certification in a proposed action led by Collinsville native Iean Finley Nov. 20.

Finley's suit, like others pending in St. Clair County against Target, K-Mart and other retailers, alleges that the companies violate the Illinois Consumer Fraud and Deceptive Business Practices Act by selling a product that does not boost the immune system as it claims. The suits, filed by the same team of lawyers, seek damages of not more than $75,000 per individual class member, costs and attorneys' fees.

The defendant had previously moved to extend the briefing schedule on the class certification questions in October.

Presiding judge, St. Clair County Circuit Judge Lloyd Cueto, granted that request.

In its motion, the pharmacy company argues that Finley has yet to produce evidence that supports his claims.

"Plaintiff insists that this case is based on label claims, yet he has failed to place a single label before this Court to support his Motion," the defendant argues in the motion.

CVS also contends that Finley himself, in deposition testimony, admitted he based his purchase of the company's Airshield product on his knowledge of Airborne. The defendant also argues that the claims confuse several kinds of Airshield products including chewable tablets and drink mixes.

Finley's response, due Nov. 30, was not on file as yet when checked Dec. 1.

A hearing is scheduled on the matter before Cueto Dec. 7 at 9 a.m.
Finley and the proposed class are represented by Kevin Hoerner, Brian Kreisler, Richard Burke and Paul Weiss.

The defendant is represented by Robert Bassett, David Smith and others.

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

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