CVS joint health supplements fail to deliver on their promises and are instead completely ineffective, according to class action allegations against the pharmacy.
The CVS class action lawsuit states that an estimated 27 million Americans suffer from osteoarthritis, a degenerative joint condition which commonly affects the knees, hips, hands, and spine.
Symptoms of the condition include joint pain, joint tenderness, joint stiffness, and limited range of motion.
To combat this condition, plaintiff James Kroessler says many consumers look for supplements or other over-the-counter products which promise to help with joint health.
CVS sells a variety of joint health supplements under their CVS brand, including Glucosamine Chondroitin Tablets, Glucosamine Chondroitin Capsules, Glucosamine Maximum Strength Tablets, Glucosamine MSM Caplets, Glucosamine Chondroitin with MSM Tablets, and Glucosamine Chondroitin with Vitamin D Caplets.
The CVS pharmacy class action states that the advertising for the “joint health” products claim that they assist with joint pain, flexibility, and mobility by providing “improved joint comfort,” increased “range of motion,” “strengthen[ed] joints,” “support[ed] flexibility,” and “support[ed] mobility.”
However, Kroessler says that numerous “well designed and well conducted scientific studies” have been conducted to determine the role of glucosamine in joint health. These studies reportedly demonstrated that glucosamine, whether alone or combined with other ingredients, does not promote joint health.
Despite the scientific available regarding glucosamine as a joint pain treatment, CVS allegedly markets their joint health supplements as effective.
“Specifically, Defendant knew, but failed to disclose, or should have known, that the CVS Health Glucosamine Products do not provide the joint health benefits represented and that well-conducted, clinical studies have found the CVS Health Glucosamine Products’ primary ingredients unable to support or benefit joint health,” argues the CVS class action lawsuit.
Kroessler, a 69-year-old California citizen, says he purchased the CVS joint health supplements hoping and believing that they would help with his joint pain and stiffness as advertised.
Kroessler claims that he purchased the supplements based off of the false advertisements and therefore lost money – prompting him to file a class action lawsuit against CVS Health Corporation for himself and other consumers who fell victim to the pharmacy’s allegedly false advertising.
“The CVS Health Glucosamine Chondroitin Tablets product that Plaintiff purchased, like all of Defendant’s CVS Health Glucosamine Products at issue, does not provide the promised, advertised benefits,” the CVS joint health supplement class action lawsuit claims. “Had Plaintiff known the truth about Defendant’s misrepresentations and omissions at the time of purchase, Plaintiff would not have purchased Defendant’s CVS Health Glucosamine Chondroitin Tablets product.”
Kroessler seeks to represent a Class of consumers who purchased any of the CVS glucosamine supplements since Jan. 19, 2016 in California and states with similar laws.
He also seeks to represent a Class of senior citizens in California who purchased any of the CVS glucosamine supplements since Jan. 19, 2016.
According to his CVS supplement class action, if the court finds he cannot bring claims on behalf of a multi-state class, he proposes to represent a California Class instead.
The CVS joint health class action lawsuit seeks restitution, disgorgement, injunctive relief, damages, court costs, and attorneys’ fees.
Kroessler and the proposed Class are represented by Todd D. Carpenter of Calrson Lynch Sweet Kilpela & Carpenter LLP and Timothy G. Blood, Thomas J. O’Reardon II, and Craig W. Straub of Blood Hurst & O’Reardon LLP.
The CVS Joint Health Supplement Class Action Lawsuit is Kroessler v. CVS Health Corporation, Case No. 3:19-cv-00277-CAB-JLB, in the U.S. District Court for the Southern District of California.
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