CVS Faces Possibility of Renewed Class Status in False Ads Suit

A CVS Health customer convinced the Ninth Circuit on Friday to revive his bid for class certification in a false advertising lawsuit against the health care giant.

Consumer Joseph Mier accused CVS Health, CVS Pharmacy Inc., and its manufacturer VI-JON LLC of engaging in fraud, false advertising, and unfair competition when they describe CVS’s advanced formula hand sanitizer as capable of killing “99.99% of germs.”

Mier had won class status, but the class was decertified in 2021 after he failed to offer a model that could show classwide financial harm. Mier sought renewed class status last year and was denied ...