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Tuesday, August 20, 2019

Consumer challenges benefit claims of CVS Pharmacy supplement


By Noddy A. Fernandez | Jul 11, 2018

SAN DIEGO (Legal Newsline) – A consumer alleges a dietary supplement sold by a pharmacy chain falsely states it provides beneficial effects for cognition and memory.

Les Ferguson, individually and on behalf of all others similarly situated, filed a complaint on July 5 in the U.S. District Court for the Southern District of California against CVS Pharmacy Inc. over alleged violation of the Consumer Legal Remedies Act.

According to the complaint, the plaintiff purchased defendant's Algal-900 DHA, a dietary supplement, for $30 because it was advertised to "clinically show to improve memory." He alleges these claims are false and misleading because clinical studies have shown that omega-3 fatty acids like DHA "work no better than a placebo."

The plaintiff holds CVS Pharmacy Inc. responsible because the defendant allegedly deceptively marketed, advertised, packaged and labeled Algal-900 DHA.

The plaintiff requests a trial by jury and seeks actual damages, restitution, and/or disgorgement; pre- and post-judgment interest; attorneys' fees; costs of suit; and such other and further relief as this court may deem just and proper. He is represented by Jeffrey R. Krinsk of Finkelstein & Krinsk LLP in San Diego.

U.S. District Court for the Southern District of California case number 3:18-cv-01529-JLS-MDD

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Finkelstein & Krinsk U.S. District Court for the Southern District of California

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