U.S. District Judge John Darrah in Chicago dismissed a proposed class action against CVS Health on Monday, Feb. 13, 2017. The suit claimed CVS sold vitamin C drops falsely labeled “Made in the USA,” because the vitamin C was sourced from other countries, Reuters reported.
The ruling
The plaintiff, David DeMedicis of Cook County, Illinois, called himself a “patriotic American” in his complaint. Darrah ruled that he had not shown the drops cost more because they appeared to be USA-made.
“Plaintiff merely alleges that he prefers products made in the United States and that he is willing to pay a premium,” the judge wrote.
Darrah also found that DeMedicis could not show a risk of future harm, because he was “now aware” of the alleged deception. The judge dismissed claims brought for shoppers in eight other states, including California and New York, saying he lacked jurisdiction over them. DeMedicis was allowed to file an amended complaint.
Background
The complaint cited a Consumer Reports survey finding that 77% of Americans would pay more for products labeled as made in the USA. CVS argued that the plaintiff’s Alabama-based law firm had filed about a dozen similar suits against other companies, including Wal-Mart, and asked why he had not simply used its money-back guarantee.
The case is DeMedicis v. CVS Health Corp., No. 16-05973, in the U.S. District Court for the Northern District of Illinois. A similar suit over imported vitamin C in dog food was dismissed two months later; see our WellPet coverage.
FAQ
What product was involved?
CVS vitamin C drops labeled “Made in the USA.”
Why was the case dismissed?
The judge found no showing that the plaintiff paid more because of the USA label, and no risk of future harm.
Could the plaintiff refile?
Yes. The judge allowed an amended complaint.
Source & credit
Source: Reuters via IndraStra: “‘Made in the U.S.A’ Lawsuit against CVS Health is Dismissed”, Feb. 14, 2017.
Also: St. Louis Post-Dispatch: Reuters report.