Cueto takes class notice under advisement in CVS immune supplement case

By Amelia Flood | Apr 6, 2011


A September trial date is set as St. Clair County Circuit Judge Lloyd Cueto ponders the form of class notice that will eventually be sent to people who bought a generic form of an immune system supplement made by CVS Pharmacies Inc.

Cueto took the class notice issue under advisement March 30.

According to his order, the matter will be under advisement until Friday.

The case was filed by lead plaintiff Iean Finley who alleges CVS defrauded customers who bought its "Airshield" product.

The suit is one of several filed three years ago over the alleged effectiveness of an immune system supplement.

Another filed against retailer Target is also pending in a St. Clair County courtroom.

The two suits were filed by the same team of attorneys: Richard Burke, Paul Weiss, and Kevin Hoerner.

Brian Kreisler of the Kreisler Law Firm has also joined the class counsel's team, according to an order Cueto entered March 30.

Cueto certified the Finley class in January of last year. The class includes only Illinois residents.

CVS had objected to the form of the notice Finley submitted last year.

It claims that it was overly broad and sought to notify class members previously compensated by a Federal Trade Commission settlement.

On March 29, CVS submitted a filing in the case that specified details about two other federal class actions. It is unclear what relation the two cases have to the Finley suit.

According to that filing, a Massachusetts federal court certified a Massachusetts only class in March but denied a nationwide class.

Another federal court in Los Angeles also certified a California class but no notice has been sent out as the case went to mediation April 1.

The filing notes that neither the Massachusetts nor California classes overlap with the Illinois-Finley class.

The suit is now set for trial Sept. 26 at 9 a.m.

The parties are to submit a case management order in keeping with that date within 30 days.

Robert Bassett represents CVS.

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

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