BUFFALO, N.Y. (Legal Newsline) — CVS is facing a class action over its homeopathic "Pink Eye Drops," alleging the product is misbranded and potentially harmful.
Georgiann Jordan, individually and on behalf of all others similarly situated, filed a complaint Sept. 17 in the U.S. District Court for the Western District of New York against CVS Pharmacy Inc., alleging breach of express warranty.
According to her class action, Jordan purchased CVS's Pink Eye Drops at CVS stores in Erie County between September 2020 and the present. She claims that she relied on the labeling of the drops which stated "relieves: redness, burning, watery discharge (and) gritty sensation."
Jordan alleges the drops did not relieve any of those sensations in her eyes and that it contained a potentially harmful ingredient, silver sulfate, which is believed to cause irreversible discoloration of the skin and eyes. She claims the product is worth less than what she paid and that if not for the false and misleading packaging, consumers would not pay as much.
She further claims the product does not provide any of the other benefits promoted by the defendant and despite its homeopathic active ingredients, it is misbranded as if it were safe and effective.
Jordan and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck.
U.S. District Court for the Western District of New York case number 1:32-CV-00979