Law360 (March 10, 2011, 1:52 PM EST) -- A federal judge certified a class of consumers Wednesday in Massachusetts in a suit alleging CVS Pharmacy Inc. fraudulently marketed a product it claimed could prevent or reduce the risk of catching the common cold.
Judge Richard G. Stearns of the U.S. District Court for the District of Massachusetts provisionally certified the class of Massachusetts purchasers of CVS' AirShield product, but denied the plaintiffs' motion to certify a nationwide class.
The ruling marks the third statewide class that has been certified in a suit over AirShield. Others were certified in separate cases in California and Illinois.
Judge Stearns ruled that the...
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