CVS sued over false advertising of antifungal nail treatment

CVS antifungal class action lawsuit overview:

• Who: Plaintiff William Foreman filed a class action lawsuit against CVS Pharmacy Inc.
• Why: Foreman claims CVS falsely advertises its Maximum Strength Anti-Fungal Liquid as being able to treat nail fungus.
• Where: The CVS antifungal class action lawsuit was filed in California federal court.

A new class action lawsuit accuses CVS Pharmacy of falsely advertising its Maximum Strength Anti-Fungal Liquid as being able to treat nail fungus.

Plaintiff William Foreman alleges CVS misleads consumers by advertising its Maximum Strength Anti-Fungal Liquid as a treatment for nail fungus when, in fact, the product’s active ingredient, tolnaftate, is ineffective against nail fungus.

“Defendant misleadingly advertises that its Maximum Strength Anti-Fungal Liquid product is a treatment for nail fungus,” the CVS class action lawsuit says. “The Product name and package is clear – Anti-Fungal (with a picture of perfect toenails) – every reasonable consumer will immediately assume the Product is a nail fungus treatment.”

Foreman argues that, despite CVS’ claims, the U.S. Food and Drug Administration (FDA) requires a disclaimer on antifungal treatments containing tolnaftate that the product is not effective on nails.

Class action: CVS’ misrepresentation violates state law

Foreman wants to represent a nationwide class and California subclass of consumers who purchased CVS’ Maximum Strength Anti-Fungal Liquid during the maximum period allowed by law.

The plaintiff claims CVS is guilty of unjust enrichment and negligent misrepresentation and violated California’s False Advertising Law, Consumers Legal Remedies Act and Unfair Competition Law.

Foreman demands a jury trial and requests declaratory and injunctive relief and an award of compensatory and punitive damages for himself and all class members.

Meanwhile, a consumer filed a class action lawsuit against CVS, alleging it violated the Telephone Consumer Protection Act by sending telemarketing texts to numbers on the National Do Not Call Registry.

Have you ever purchased CVS’ Maximum Strength Anti-Fungal Liquid? Let us know in the comments.

The plaintiff is represented by Nisha Wright of The Wright Law Office P.A. and Manfred P. Muecke of Manfred APC.

The CVS antifungal class action lawsuit is Foreman v. CVS Pharmacy Inc., Case No. 3:25-cv-02147-WQH-AHG, in the U.S. District Court for the Southern District of California.

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