Large retail chains may have misrepresented "store branded" version of a product known as Airborne, which each retailer claimed had medicinal value, but each retail chain knew its product only contained an airborne version of a vitamin.
Investigation and pending class action lawsuit against Supervalue, Safeway, Kmart, Walmart, Albertsons, CVS, Rite Aid, Winn-Dixie and Duane-Reade.
Each retail outlet named above sold its own "store-branded" version of a product known as Airborne. Airborne Health recently settled a variety of class actions brought against it for the alleged false advertising of its Airborne products. This pending class action alleges that each of these retail chains engaged in the same conduct in promotion of its own "store-branded" version of Airborne.
Each retail defendant marketed its own product as an effective defense to the common cold and other airborne illnesses. Each retail defendant claimed that their products, like Airborne, boosted the immune system if ingested prior to entering an airplane, theater, or similarly crowded areas. In fact, however, each retail defendants' promises that their products could immunize consumers from catching a cold, and to cure it if they already have one, were false. Each retail defendants' products, like Airborne, are nothing more than a multi-vitamin tablet, combined with a few minerals, amino acids and some herbs.
The suit seeks recovery for Supervalue, Safeway, Kmart, Walmart, Albertsons, CVS, Rite Aid, Winn-Dixie and Duane-Reade' false representations concerning their products' effectiveness.
The store-brand Airborne equivalents at issue in this litigation were sold by Supervalu (Air Protector), Safeway, Inc. (AirHealth), Kmart Corp. (Handborn & Airborn Germ Defense), Wal-Mart Stores, Inc. (AirHealth), Albertsons, Inc. (Air Protector), CVS Pharmacy, Inc. (AirShield), Rite Aid Corp. (Handborn & Airborn Germ Defense), Winn-Dixie Stores, Inc. (Germ Defense), and Duane-Reade, Inc. (AirDefender and AirSecure).
Name (Stock Symbol)
Albertsons is a 516-store grocery chain, which operates in Southern California, Nevada and the Northwest. Albertsons is a wholly owned subsidiary of Supervalu (NYSE: SVU).
CVS Caremark Corporation
CVS Caremark Corporation, a pharmacy services company, provides prescriptions and related healthcare services in the United States.
Wal-Mart Stores Inc. (WMT)
Wal-Mart Stores, Inc. operates retail stores in various formats worldwide.
Supervalu Inc. (SVU)
Supervalue, Inc. operates as a grocery retailer in the United States. The company operates combination stores, food stores, and limited assortment food stores under the Acme Markets, Albertsons, Bristol Farms, biggs, Cub Foods, Farm Fresh, Hornbachers, Jewel-Osco, Lucky, Save-A-Lot, Shaws Supermarkets, Shop n Save, Shoppers Food & Pharmacy, and Star Markets banners.
Safeway Inc. (SWY)
Safeway Inc., together with its subsidiaries, operates as a food and drug retailer in North America.
Kmart, a wholly owned subsidiary or affiliate of Sears, owns and operates retail department stores.
Rite Aid Corporation (RAD)
Rite Aid Corporation, through its subsidiaries, operates a chain of retail drugstores. Its retail stores primarily provide pharmacy services.
Winn-Dixie Stores, Inc. (WINN)
Winn-Dixie Stores, Inc. owns and operates grocery stores in the Southeastern United States.
Duane Reade operates retail pharmaceutical stores in New York.
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