Madison - St. Clair Record

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CVS immune supplement class notice hearing set Jan. 19

By Amelia Flood | Jan 13, 2011


A class notice hearing in a case involving the effectiveness of CVS Pharmacies Inc.'s version of the immune supplement "Airborne" is set for 9 a.m. on Jan. 19.

St. Clair County Circuit Judge Lloyd Cueto will hear arguments in the case led by Iean Finley.

Finley, along with other lead plaintiffs in several St. Clair County immune supplement class actions, claims that CVS's generic form of the supplement didn't work.

The case is one of several that were filed by the team of Paul Weiss, Richard Burke and Kevin Hoerner in 2008.

While at least one of those suits has settled, another, led by Brian Buehlhorn against Target stores, continues.

Finley filed suit on claims that CVS was unjustly enriched and broke Illinois' consumer fraud laws.

Finley's suit includes an Illinois-only class.

Cueto certified the class action last January.

CVS has objected to the class notice submitted by the plaintiff.

Those objections filed in September 2010 allege that the class notice submitted by Finley lacks details.

CVS also argues that the plaintiff seeks to notify extra class members who were already compensated in a settlement CVS reached two years ago with the Federal Trade Commission.

Robert Bassett and others represent CVS.

Bassett also represents Target in the Buehlhorn immune supplement class action.

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

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