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Wednesday, October 23, 2019

Suit alleges too much slack-fill in CVS pill containers

By Robbie Hargett | Dec 9, 2015

NEW YORK (Legal Newsline) – CVS is being sued over allegations that the company packages pills with too much slack-fill.

Mariel Marte, Josefina Valdez, Lauren Feldman, and John Does 1-100, individually and for all others similarly situated, filed a class action lawsuit Dec. 2 in the U.S. District Court for the Southern District of New York against CVS Health Corp. and CVS Pharmacy, alleging false advertising, negligent misrepresentation, unjust enrichment, and other violations of unfair, deceptive, fraudulent, and unconscionable trade and business practices statutes in every state.

The suit states CVS packages its acetaminophen and ibuprofen products in bottles of various sizes and pill quantities. The suit states these products are packaged in over-sized containers that are made and filled with non-functional slack-fill, so as to be mislead consumers, including the plaintiffs and others in the class, into thinking they are getting more than what the packages actually contain.

Through these unfair and deceptive practices, the plaintiffs allege, CVS has collected millions of dollars that it would not have otherwise earned from the sale of these products.

The plaintiffs and others in the class seek damages of more than $5 million, including compensatory and punitive damages, interests, restitution, injunctive relief, attorney fees, and costs of the suit.

The plaintiffs and class are represented by attorneys C.K. Lee and Anne Seelig of Lee Litigation Group in New York City.

U.S. District Court for the Southern District of New York Case number 1:15-CV-09431-JPO

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Lee Litigation Group, PLLC

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