CVS Faces Class Action Claims That It Deceives Buyers Of Its Macular Degeneration Remedy, Announces Bailey & Glasser LLP
Bailey & Glasser's Boston office represents the plaintiffs in the case
BOSTON, Jan. 15, 2015 /PRNewswire-USNewswire/ -- Two consumers with age-related macular degeneration (AMD), a progressive eye disease that accounts for more than half of all blindness in America, claim that CVS makes false claims about the effectiveness of its Advanced Eye Health product. Dr. Larry Meredith and David Gumner, the plaintiffs in a California state court class action, say CVS's claims that its Advanced Eye Health supplement is comparable to a formula that the National Institutes of Health found effective in slowing AMD's progression are false and deceptive.
Two NIH Age Related Eye Disease Studies ("AREDS") found a specific formula of nutritional supplements effective in slowing AMD's progression. The second study, called AREDS2, found two effective substitutes for beta-carotene, an AREDS formula ingredient that may increase cancer risk for smokers. CVS markets its Advanced Eye Health supplement by calling it "comparable to" the AREDS2 formula, but it only contains ingredients that the NIH found ineffective at slowing the progression of AMD (omega-3 fatty acids), and the two ingredients that NIH said could substitute for beta-carotene. NIH's study did not find that these two substitute ingredients have any independent effect on AMD.
In 2004, about 10 million Americans had intermediate or advanced AMD, and scientists expect this number to double in the next 20 years. Although the CVS product does not contain the ingredients NIH found effective in fighting AMD, CVS places its Advanced Eye Health supplement next to Bausch+Lomb's PreserVision supplements, that do contain the AREDS2 formula. This placement of the CVS product further deceives consumers, by making the two products appear interchangeable, but for the CVS product's ostensibly lower price.
John Roddy and Elizabeth Ryan of Bailey & Glasser's Boston office represent Dr. Meredith and Mr. Gumner. They have allied with Amanda Howell of the Center for Science in the Public Interest and Stephen Gardner, Marc Stanley, Martin Woodward, and Matthew Zevin, of the Stanley Law Group, as co-counsel.
Founded by Ben Bailey and Brian Glasser in 1999 in Charleston, West Virginia, Bailey & Glasser LLP has grown to include nearly 50 lawyers, with offices in seven states and the District of Columbia. The firm's complex litigation practice focuses on high-stakes commercial litigation; class actions for consumers, insureds, investors, and retirement plan participants; catastrophic injury and defective product cases; antitrust; and whistleblower lawsuits. The firm has extensive experience in energy law, and litigates energy cases in trial courts, bankruptcy courts, regulatory agencies, and appellate courts. It has a major corporate practice, and handles business matters ranging from assisting Chinese investors in acquiring US assets, to IPOs, to the negotiation and execution of billions of dollars in commercial transactions.
Contact:
John Roddy
(617) 439-6730
[email protected]
www.baileyandglasser.com
SOURCE Bailey & Glasser LLP
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