CVS Algal-900 DHA Supplement Class Action Settlement

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.

Who’s Eligible

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.

Potential Award

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.

Claim Form

CLICK HERE TO FILE A CLAIM »

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

12/12/2019

Case Name

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

Final Hearing

9/26/2019

UPDATE: The CVS Algal-900 DHA Supplement Class Action Settlement was granted final approval on September 26, 2019. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.

Settlement Website

www.CVSDHASettlement.com

Claims Administrator

CVS DHA Settlement
c/o KCC Class Action Services LLC
P.O. Box 404148
Louisville, KY 40233-4148
1-866-608-6544
info@CVSDHASettlement.com

Class Counsel

Maia Kats
KAPLAN FOX & KILSHEIMER LLP

Michael R. Reese
REESE LLP

Steven A. Skalet
Craig L. Briskin
MEHRI & SKALET PLLC

Matthew Simon
CENTER FOR SCIENCE IN THE PUBLIC INTEREST

Defense Counsel

Frank Spano
POLSINELLI PC

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