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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
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
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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108 thoughts onCVS Algal-900 DHA Supplement Class Action Settlement
I received. a $7 CVS Pharmacy gift card in the mail today Aug 5 2022. I tried to use. It in the store but was told it was expired. Even though it is expired I appreciate the sentiment and the lawyers for representing us in our quest for truthful representive products especial health products.
Wow! 2 years of waiting. Haven’t gotten my $5.50 check yet.
My check is coming in the mail tomorow finally
Dont spend your $5.50 all in one place!!! LOLOL
Final approval was two years ago. KCC requested dates of purchases and location address in November 2020. Still no check! What is the holdup?
I’m still waiting. Bunchabullshit.
Still waiting. Never received any emails from them. Just a slow process.