BROOKLYN, N.Y. (Legal Newsline) – A New York man and a Florida man are suing CVS over claims it misrepresents one of its products.

Jeffrey Worth and Robert Burns, individually and for all others similarly situated, filed a class-action lawsuit Feb. 1 in U.S. District Court for the Eastern District of New York against CVS Pharmacy, alleging unjust enrichment, negligent misrepresentation, fraudulent misrepresentation, violations of the New York General Business Law, and violations of the Florida Deceptive and Unfair Trade Practices Act.

The suit states that CVS manufactures and sells Algal-900 DHA as "clinically shown to improve memory." However, the suit states CVS' claims about the product are false and misleading, and that clinical studies have shown that omega-3 fatty acids, including DHA, are no more effective than placebos in tests of adults' cognitive performance.

The suit alleges CVS' claims rely exclusively on a limited, short-term study conducted by in-house scientists of Martek, a dietary supplements manufacturer, and that the Federal Trade Commission has prohibited Martek from making memory claims based on this study, which the FTC concluded does not support claims that DHA improves memory.

The plaintiffs and others in the class seek injunctive relief, disgorgement, actual and punitive damages, interest, attorney fees and costs of the suit, together to exceed $5 million. They are represented by attorney Michael R. Reese of Reese LLP in New York; attorney Maia Kats of the Center for Science in the Public Interest in Washington, D.C.; and attorney Craig L. Briskin of Mehri & Skalet in Washington, D.C.

U.S. District Court for the Eastern District of New York Case number 2:16-cv-00498-LDW-AKT

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