CVS Settles Algal-900 DHA Supplement Class Action Lawsuit

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

CVS Pharmacy Inc. has reportedly agreed to settle a class action lawsuit that alleges its Algal-900 DHA dietary supplement was falsely advertised as being “clinically shown to improve memory.”

Attorneys representing CVS sent a letter to a New York federal judge Monday with details about the proposed Algal-900 class action settlement. The settlement has not yet been filed with the court.

Class Members of the CVS dietary supplement settlement include anyone in the United States who purchased CVS Algal-900 DHA containing claims that it was “clinically shown to improve memory” or offers “clinically shown memory improvement” since Nov. 15, 2008. An estimated 197,000 consumers may be eligible for benefits from the CVS class action settlement.

Under the terms of the proposed class action settlement, CVS has agreed to provide full refunds to Class Members who show proof of purchase. Claimants without proof of purchase will be eligible to receive a payment of $4 in cash or a $6.50 voucher.

The proposed Algal-900 DHA class action settlement also provides significant injunctive relief. CVS has reportedly discontinued the use of the “clinically shown” language on the supplement labels, and the company will refrain from making similar claims in the future unless the representations are supported by reliable scientific evidence.

If approved, the CVS settlement would resolve a class action lawsuit that was filed Feb. 1 in New York federal court. The dietary supplement class action lawsuit asserts that the Algal-900 DHA supplement included memory claims on its labels that were based on a study that has been disproven by the Federal Trade Commission.

The CVS class action lawsuit asserts that CVS based its claims about the brain health benefits of DHA exclusively on a research study conducted by Martek Biosciences Corp. Even though the FTC has concluded that the study does not support claims that DHA improves memory and prohibited Martek from making memory claims based on the study, CVS relies exclusively on the study when making the “clinically proven” claims on the label, according to the class action lawsuit.

The CVS lawsuit states that studies have shown that omega-3 fatty acids, including DHA, are no more effective than a placebo in brain performance tests for adults. Studies have reportedly shown a benefit for infants, however.

Instructions on how to file a claim for the CVS Algal-900 DHA supplement class action settlement were not immediately available. Keep checking TopClassActions.com or sign up for our free newsletter for the latest updates. You can also mark this article as a “Favorite” using your free Top Class Actions account to receive notifications when this article is updated.

The plaintiffs are represented by Maia Kats of the Center for Science in the Public Interest, Michael Reese of Reese LLP and Craig Briskin of Mehri & Skalet.

The CVS Algal-900 DHA Supplement Class Action Lawsuit is Worth, et al. v. CVS Pharmacy Inc., Case No. 1:16-cv-00498, in the U.S. District Court for the Eastern District of New York.

UPDATE: June 2019, the CVS Algal-900 DHA supplement class action settlement is now open. Click here to file a claim.