CVS Homeopathic Eye Drop Suit Should Get Tossed, Judge Says

A consumer accusing CVS Pharmacy Inc. of mislabeling homeopathic pine eye drops failed to state a claim, a federal magistrate judge said, recommending a proposed class action against the pharmacy chain be dismissed.

Lead plaintiff Georgiann Jordan based much of her lawsuit on the fact that the Food and Drug Administration warned CVS its label statements on the eye drops might not conform to federal regulations in September 2023.

But “FDA regulations are inapplicable” to a reasonable consumer analysis for label misrepresentations, Magistrate Judge H. Kenneth Schroeder Jr. said Wednesday. His recommendation goes to the Judge John L. Sinatra Jr. ...