The Court ordered that you be given the Notice because you have a right to know about a proposed Settlement of this class action lawsuit, and about your options, before the Court decides whether to approve the Settlement. If the Court approves it, and after objections and appeals are resolved, an administrator approved by the Court will oversee the distribution of the benefits that the Settlement allows.
The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.
Judge Steven M. Gold of the United States District Court for Eastern District of New York is overseeing this class action. The case is known as Worth v. CVS Pharmacy, Inc., case no. 2:16-cv-0200498 (E.D.N.Y.). The people who sued are called the Plaintiffs, and the company they sued, CVS Pharmacy, Inc., is called the Defendant.Top
The lawsuit alleges that CVS misrepresented the effectiveness of its Algal-900 DHA dietary supplement, which contained docosahexaenoic acid (DHA) algal oil, by claiming it was “clinically shown to improve memory” or “clinically shown memory improvement” on the label or packaging. The lawsuit also alleges that CVS violated consumer protection laws, committed fraud, and unfairly profited from the sale of these products.
CVS denies it did anything wrong, denies all allegations of wrongdoing or liability against it, and contends that its conduct was lawful.Top
In a class action, one or more people called Class Representatives (in this case, Jeffrey Worth and Robert Burns) sue on behalf other people with similar claims, and represent them in the lawsuit. All of these people are called a Class or Class Members. One court resolves the issues for all Class Members—except for those who choose to exclude themselves from the Class.Top
The Court in charge of this case has not decided in favor of either side. Instead, CVS has chosen to provide its customers with refunds, cash payments, ExtraCare account credits, and vouchers to avoid the expense, inconvenience, and inherent risk of litigation, as well as the related disruption of its business operations. The Class Representatives and their attorneys believe the proposed Settlement is in the best interests of the Class.Top
You are a Class Member if, between November 15, 2008 and September 30, 2016, you purchased any CVS-branded Algal-900 DHA dietary supplements containing “clinically shown to improve memory” or “clinically shown memory improvement” on the label and/or packaging.Top
Yes. The Class does not include: CVS and its parents, past and present, subsidiaries, divisions, affiliates, assignors, predecessors, successors and assigns; the past or present partners, shareholders, managers, members, directors, officers, employees, agents, attorneys, insurers, accountants and representatives of any and all of the foregoing entities; any government entities; and persons who purchased CVS Algal-900 DHA Products for the purpose of resale.Top
The proposed Settlement provides refunds, cash payments, ExtraCare account credits, and vouchers to eligible Class Members who submit a valid Claim Form. Refund and payment amounts will depend on the purchase price paid for CVS Algal-900 DHA Products; whether and what type of proof of purchase (such as a register receipt, cancelled check or product package) illustrating the purchase of, or price paid for, CVS Algal-900 DHA Products (“Proof of Purchase”) is submitted with the Claim Form; and/or whether CVS records indicate that the Class Member purchased the Product. Vouchers and ExtraCare account credits may be used toward the purchase of any product sold at CVS.
In addition, CVS will pay for Notice to the Class and administration costs of the Settlement, as well as a $2,500.00 Incentive Award each to the Class Representatives.Top
Refunds, cash payments, ExtraCare account credits and voucher amounts will vary based on the purchase price paid for CVS Algal-900 DHA Products, whether and what type of Proof of Purchase you provide with your Claim Form, and/or whether CVS records indicate you purchased the Product.
Unless you exclude yourself, you are staying in the Class. If the proposed Settlement is approved and becomes final, all of the Court’s orders will apply to you and legally bind you. You won’t be able to sue, continue to sue, or be part of any other lawsuit against CVS about the legal issues in this case, but you will be able to submit a Claim Form to receive a refund, cash payment, ExtraCare account credit, or voucher from this Settlement. The rights you are giving up are called Released Claims.Top
Generally, if and when the proposed Settlement becomes final, Class Members will permanently release CVS, Lang Pharma Nutrition, Inc., and DSM Nutritional Products, LLC, and all of their past and present respective parents, subsidiaries, divisions, affiliates, persons and entities directly or indirectly under its or their control in the past or in the present, their respective assignors, predecessors, successors and assigns; and the past or present partners, shareholders, managers, members, directors, officers, employees, agents, attorneys, insurers, accountants and representatives (the “Released Parties”) of any and all claims, cross-claims, liability, rights, demands, suits, matters, obligation, damage, restitution, disgorgement, loss or cost, attorneys’ fee or expense, action or cause of action, of every kind that you or your spouse, parent, child, heir, guardian, associate, co-owner, attorney, agent, administrator, devisee, predecessor, successor, assignee, representative of any kind, shareholder, partner, director, employee, or affiliate had or has, including assigned claims, whether in arbitration, administrative, or judicial proceedings, whether as individual claims or as claims asserted on a class basis or on behalf of the general public, whether known or unknown, asserted or unasserted, suspected or unsuspected, latent or patent that is, has been, could reasonably have been or in the future might reasonably be asserted in this class action arising out of or relating to the allegations in the complaints filed in this class action.
The specific claims you will be releasing are described in sections 2.35 and 12 of the Stipulation of Settlement which can be found under the Case Documents tab.Top
You must complete and submit a Claim Form online by December 12, 2019 or mail a claim form postmarked no later than December 12, 2019. You can file online using the File a Claim tab.Top
The Court will hold a Fairness Hearing on September 26, 2019 at 2:00 p.m. to decide whether to grant final approval to the Settlement. If the Court approves the Settlement, there may be appeals. It is always uncertain whether appeals will be filed and, if so, how long it will take to resolve them. Settlement benefits will be issued to Class Members who submit valid Claim Forms within 30 days after the Settlement Order and Judgment becomes final (“Final Settlement Approval Date”); or the date a claim is approved, whichever comes later.Top
No. If you exclude yourself, you are telling the Court that you do not want to be part of this proposed Settlement. You can only get a refund, cash payment, ExtraCare account credit, or voucher if you stay in the Class and submit a valid Claim Form.Top
No. Unless you exclude yourself, you are giving up the right to sue CVS and the Released Parties for the claims that this proposed Settlement resolves. If you have a pending lawsuit against CVS or the Released Parties for the same claims made in this lawsuit or released by this proposed Settlement, speak to your lawyer in that lawsuit immediately. You must exclude yourself from this Class to continue with your own lawsuit.Top
If you are a Class Member, you can object to the proposed Settlement if you do not like any part of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. To object, you must send a letter containing: (1) your name, current address and telephone number; (2) the name, address and telephone number of your lawyer if you are objecting through counsel; (3) the name of the lawsuit, Worth v. CVS Pharmacy, Inc., Case Number 2:16-cv-0200498; (4) proof of your membership in the Settlement Class (such as verification under oath as to the date and location of purchase of a CVS Algal-900 DHA Product, or Proof of Purchase); (5) a statement of your objections and the reasons for each; (6) a list of any documents you plan to give to the Court to support your objection, if any; (7) a list of legal authorities you want the Court to consider; (8) the names and addresses of any witness you want to call to testify; (9) a statement indicating whether you (or your lawyer) want to appear and speak at the Fairness Hearing; and (10) your signature (or your lawyer’s signature).
Your signed objection must be mailed with any supporting documents, and filed with the Court and received by Counsel for the Class and Counsel for Defendant CVS by September 13, 2019 at the following addresses:
Clerk of Court United States District Court
Eastern District of New York
225 Cadman Plaza
East Brooklyn, New York 11201
Counsel for the Class:
Steven A. Skalet
Counsel for Defendant CVS:
Frank Spano, Esq.
Objecting is simply telling the Court you do not like something about the proposed Settlement. You can object only if you stay in the Class (that is, do not exclude yourself). Excluding yourself is telling the Court you do not want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer affects you.Top
Yes, as long as you remain a Class Member (do not exclude yourself), you or your lawyer may appear and speak in this lawsuit and proposed Settlement. To do so, you must file a written “Notice of Appearance” with the Court. Your Notice of Appearance must contain: (1) the title of the lawsuit (Worth v. CVS Pharmacy, Inc., Case Number 2:16-cv-0200498); (2) a statement that you wish to appear at the Fairness Hearing; (3) a statement that you or your lawyer would like to speak at the Court’s Fairness Hearing; and (4) your signature or your lawyer’s signature.
Your Notice of Appearance must be signed, mailed, and filed with the Court and received by Counsel for the Class and Counsel for Defendant CVS by September 13, 2019 at the addresses listed in Question 15.Top
If you do nothing, you will not get a refund, cash payment, ExtraCare account credit, or voucher from the proposed Settlement, and you will be bound by all of the Court’s orders and judgments in this case. In addition, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against CVS and the Released Parties about the legal claims made in this lawsuit and resolved by this proposed Settlement, ever again.Top
Yes, the Court has appointed Reese LLP; Kaplan Fox & Kilsheimer, LLP; Mehri & Skalet, PLLC; and Center for Science In The Public Interest to act as legal counsel for the Class. These law firms are called Class Counsel. You will not be personally charged for these lawyers. You may hire your own lawyer at your own expense to represent you in this case, but you do not have to.Top
When Class Counsel asks the Court to approve the proposed Settlement, they will also ask the Court for an award of attorneys’ fees, costs and reimbursement of expenses of up to $447,000.00. Class Counsel have agreed to a split of these fees, after reimbursement of their costs, as follows: KAPLAN FOX & KILSHEIMER, LLP: 11%; REESE LLP: 30%; MEHRI & SKALET, PLLC: 30%; and CENTER FOR SCIENCE IN THE PUBLIC INTEREST: 29%.
If the Court grants Class Counsel’s request, CVS will separately pay those fees, costs and expenses. This amount will not reduce the amount of refunds, cash payments, ExtraCare account credit or vouchers that will be made available to Class Members who submit valid Claim Forms.Top
The United States District Court for the Eastern District of New York will hold a Fairness Hearing at the Federal Courthouse located at 225 Cadman Plaza East, Brooklyn, New York 11201, on September 26, 2019 at 2:00 p.m. to decide whether the proposed Settlement is fair, reasonable, and adequate and to determine the amount of attorneys’ fees and costs and Class Representative Incentive Award. If there are objections, the Court will consider them. After the hearing, the Court will decide whether to approve the proposed Settlement and whether to grant Class Counsel’s request for attorneys’ fees and expenses and Class Representative Incentive Award. We do not know how long these decisions will take.Top
No. Class Counsel is working on your behalf and will answer any questions the Court may have, but you are welcome to attend the hearing at your own expense. If you send an objection, you do not have to come to Court to talk about it. As long as you file your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.Top
If the Court grants final approval of the proposed Settlement, all Class Members who did not ask to be excluded from the Class will release all of the claims listed in Question 10 above.Top
You may obtain the Amended Stipulation of Settlement and other documents in the case using the Case Documents tab or from the Court file, which is available for your inspection during regular business hours at the Office of the Clerk of the United States District Court for the Eastern District of New York, at the Federal Courthouse located at 225 Cadman Plaza East, Brooklyn, NY, under the Civil Action Number 2:16-cv-0200498, or from the Court’s Public Access to Court Electronic Records (PACER) system at https://www.NYED.USCourts.gov/.
You may contact the Claims Administrator by using the Contact Us tab or you may also contact Class Counsel by email at firstname.lastname@example.org.Top