CVS class notice hearing continued

By Amelia Flood | Jan 19, 2011


A hearing in a St. Clair County class action case against CVS Pharmacies was postponed on Wednesday.

CVS attorney Robert Basset told Circuit Judge Lloyd Cueto that class attorney Richard Burke was unable to make it to court on a hearing over how immune supplement buyers should be notified

Basset then asked Cueto to push back the hearing.

Burke represents a class of Illinois customers who bought CVS's version of the immune system supplement Airborne.

Lead plaintiff Iean Finley alleges he and other customers were
deceived when they bought CVS's product and that it did not boost the immune system as claimed.

The suit is one of several immune system class actions that Burke and his partners Paul Weiss and Kevin Hoerner filed in St. Clair County two years ago.

Cueto certified the Finley Illinois-only class in January 2010.

CVS has objected to the class notice Finley supplied claiming it was too vague and that it sought to notify potential class members who were already compensated by a Federal Trade Commission settlement.

Information on the next hearing date for the class notice issue is not yet available in the case file.

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

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