Los Angeles, CA: A consumer fraud class action lawsuit has been filed against CVS Caremark Corp, by a customer who alleges the labeling on the pharmacy chain's vitamin E pills state that they have heart health benefits.
Filed by plaintiff Ronda Kauffman, on behalf a proposed nationwide class of consumers who purchased vitamin E pills from the major pharmacy chain, and subclasses for customers in Rhode Island and New York, the complaint alleges that the CVS labels are misleading to customers, making them think the vitamins could reduce the risk of heart disease.
"The overwhelming majority of scientific studies find no 'heart health' benefit to taking vitamin E supplements," the lawsuit states.
7,600 CVS pharmacies nationwide carried the vitamins, which retail for approximately $8 to $20 per bottle, the lawsuit states. Kaufman alleges she bought vitamin E tablets from a CVS store in New York after reading the label and lost money on the purchase, which she wouldn't have made if not for the heart health claims.
The lawsuit mentions several studies that allegedly show vitamin E provides no heart health benefits. Further, it cites data from the US Centers for Disease Control and Prevention which show heart disease to be the leading cause of death in the US.
"Defendants have preyed upon these legitimate health concerns by misrepresenting to consumers that its vitamin E products have a 'heart health' benefit when they do not," the complaint states.
The lawsuit claims CVS has violated deceptive business practice laws in New York and Rhode Island.
Kaufman is represented by K. Joseph Shekarchi of Shekarchi Law Offices, Brian D. Penny and Douglas Bench of Goldman Scarlato Karon & Penny PC and John Zaremba and Robert Corbett of Zaremba Brownell & Brown PLLC.
