CVS customers can get a full refund or $7 in vouchers from a class action settlement that resolves claims that the pharmacy deceptively marketed their Algal-900 DHA dietary supplements as being able to help with memory improvement.
The settlement will benefit consumers who, between Nov. 15, 2008 and Sept. 30, 2016, purchased a CVS-branded Algal-900 DHA dietary supplement that was marketed with claims of “clinically shown to improve memory” or “clinically shown memory improvement” on the supplement’s label or packaging.
Plaintiffs Jeff Worth and Robert Burns filed their class action lawsuit against CVS in February 2016. They claimed that CVS made deceptive claims about their Algal-900 docosahexaenoic acid (DHA) supplements.
The pharmacy allegedly claimed that the supplement was “clinically shown to improve memory” and/or “clinically shown memory improvement.”
According to settlement documents, the plaintiffs and CVS spent April 2016 negotiating a settlement which was announced in June 2016. The settlement was set to provide full refunds for claimants with proof of purchase and $4 in cash or a $6.50 voucher for claimants without proof of purchase.
However, further negotiation was required from September 2018 through April 2019 to refine the details of the settlement. In May 2019, the new settlement was granted preliminary approval.
There are several types of compensation available through the CVS supplement settlement. The type of compensation each Class Member is eligible for depends on proof of purchase provided, CVS records, and whether or not an ExtraCare account was associated with the purchase. A full list of criteria and information is available in the “Potential Award” section below.
In order to receive compensation from the CVS settlement, Class Members need to file a valid claim by Dec. 12, 2019. The deadline for exclusion and objection is Sept. 13, 2019. The final approval hearing for the settlement is scheduled for Sept. 26, 2019.
Consumers who, between Nov. 15, 2008 and Sept. 30, 2016, purchased a CVS-branded Algal-900 DHA dietary supplement that was marketed with claims of “clinically shown to improve memory” or “clinically shown memory improvement” on the supplement’s labeling or packaging.
Several award options are available based on proof of purchase provided:
- Refund of supplement price (if proof of purchase is provided and shows the actual price paid);
- Cash payment of average supplement retail price (if proof of purchase if provided but does not show actual price paid);
- ExtraCare account credit for the purchase amount (if no proof of purchase is provided but CVS records show a purchase using an ExtraCare account);
- Voucher in the amount of the supplement purchase amount to be used on any CVS product (if no proof of purchase is provided, no ExtraCare account is associated with the purchase, but CVS records show a purchase online through the CVS website);
- A $7 CVS voucher or $5.50 in cash (if no proof of purchase is provided and CVS does not have record of any supplement purchases).
Proof of Purchase
Receipt, CVS records, and/or ExtraCare account information.
NOTE: If you do not qualify for this settlement do NOT file a claim.
Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.
Claim Form Deadline
Worth, et al. v. CVS Pharmacy Inc., Case No. 2:16-cv-0200498-FB-SMG, in the U.S. District Court for the Eastern District of New York
CVS DHA Settlement
c/o KCC Class Action Services LLC
P.O. Box 404148
Louisville, KY 40233-4148
KAPLAN FOX & KILSHEIMER LLP
Michael R. Reese
Steven A. Skalet
Craig L. Briskin
MEHRI & SKALET PLLC
CENTER FOR SCIENCE IN THE PUBLIC INTEREST
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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.