Class certification hearing continued in CVS Airshield suit

By Amelia Flood | Dec 7, 2009


A hearing in a proposed class action suit over the effectiveness of a cold medicine was continued Monday.

St. Clair County Circuit Judge Lloyd Cueto announced the hearing's continuation during his motion call Monday morning.

The hearing had been set for 9 a.m.

Defendant CVS Pharmacies Inc. had filed its motion opposing class certification in the suit brought by lead plaintiff Iean Finley in late November.

Finley's suit is one of a number of proposed class actions currently pending against retailers in St. Clair County over forms of the popular immune system supplement "Airborne."

The suit seeks damages of not more than $75,000 per individual class member, costs and attorney's fees.

The suit claims that CVS violated Illinois' Consumer Fraud and Deceptive Business Practices Act and is guilty of unjust enrichment and other claims.

CVS denies the charges and argues that Finley misunderstood what product he was buying and what it did.

It claims Finley bought the CVS product "Airshield," relying on information related to "Airborne."

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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