CVS Pharmacy sells a generic house brand of the dietary supplement valerian that contains “potentially toxic levels of lead,” according to a federal class action lawsuit.
Valerian is a popular herbal dietary supplement that’s predominantly used for its purported effectiveness in treating insomnia. It is also used to treat a variety of other conditions ranging from epileptic seizures to attention deficit hyperactivity disorder, despite insufficient scientific evidence to support such use, says the lawsuit.
According to the CVS valerian class action lawsuit, CVS sold its own brand of valerian in 450 mg capsule form that was recently tested by ConsumerLab.com, LLC as containing “potentially toxic levels of lead.” The testing revealed that CVS brand valerian exposed consumers who took its recommended dosage to 1.2 to 3.5 mcg of lead per day – nearly two to seven times more than the Maximum Allowable Daily Level for orally ingested lead under the California law. The law is intended to protect individuals from ingesting chemicals known to cause cancer, birth defects or other reproductive harm, and prohibits businesses from knowingly and intentionally exposing individuals to these chemicals without first giving a clear and reasonable warning.
The CVS valerian class action lawsuit accuses CVS of not taking adequate precautions to ensure the safety of its store brand valerian, and of being negligent in its design, testing, manufacture, assembly and/or development of the product. It also accuses CVS of fraudulently concealing the risks associated with the product.
The lawsuit is seeking certification of a class of all consumers who purchased CVS brand valerian within the past four years. If granted certification, it will seek to give refunds to all class members, in addition to other relief.
A copy of the CVS Valerian Toxic Lead Class Action Lawsuit can be read here.
Updated December 14th, 2010
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