CHICAGO — An Illinois consumer is suing CVS Health, alleging the company put an incorrect label on a moisturizing gel.
Patricia Bordenet of Hoffman Estates filed a class action lawsuit, individually and on behalf of those similarly situated, against CVS Health Corporation June 10 in U.S. District Court for the Northern District of Illinois alleging violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, breach of express warranty, breach of implied warranty and unjust enrichment.
According to the complaint, Bordenet purchased a CVS Aftersun Aloe Vera moisturizing gel that said it contained 100 percent aloe vera. However, the suit says, when the plaintiff had the product tested, the results revealed otherwise -- it had no trace of acemannan, a key component of aloe and the gel contained an ingredient that was not on the label, propylene glycol, a non-toxic antifreeze.
The plaintiff alleges CVS Health was fully aware that the gel's claim on the label that it contained 100 percentaloe vera was not true. In spite of that, the lawsuit states, the defendant still disregarded the truth by putting a misleading label and not upholding what it has promised to consumers.
Bordenet seeks a trial by jury, actual damages, statutory damages, attorney fees, legal costs, pre- and post-judgment interest and such other relief as is deemed proper. She is represented by attorneys Brian J. Wanca of Anderson + Wanca in Rolling Meadows, Jason Thompson and Lance Young of Sommers Schwartz PC in Southfield, Michigan, Nick Suciu III of Barbat, Mansour, & Suciu PLLC in Bloomfield Hills, Michigan, Jonathan Schub of Kohn, Swift, & Graf PC in Philadelphia, Donald J. Enright and Lori G. Feldman of Levi & Korsinsky LLP in Washington, D.C., and Jason T. Brown and Patrick S. Almonrode of JTB Law Group in Jersey City, New Jersey.
U.S. District Court for the Northern District of Illinois case number 1:16-cv-06103