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 U.S. District Judge John Darrah in Chicago ruled on Monday that the
plaintiff David DeMedicis, who called himself a "patriotic American"
in his complaint, did not show that drops he bought cost more
because they appeared to be American-made.
Darrah also said the resident of Cook County, Illinois, which
includes Chicago, could not show future harm because he was "now
aware" of alleged deception by the second-largest U.S. drugstore
chain.
"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 dismissed a claim against Woonsocket, Rhode Island-based
CVS on behalf of people in eight other states, including California
and New York, with consumer fraud laws similar to Illinois', saying
he lacked jurisdiction.
The judge said DeMedicis may file an amended complaint.
CVS and lawyers for the plaintiff did not immediately respond on
Tuesday to requests for comment.
In his complaint, the plaintiff cited a recent survey by Consumer
Reports magazine that 77 percent of Americans were willing to pay
more for products labeled as made in America.
DeMedicis also described himself as an "unsophisticated consumer"
who desired to support American companies and jobs.
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In seeking the case's dismissal, CVS said the plaintiff's
Alabama-based law firm had filed a dozen similar lawsuits against
other companies including Wal-Mart Stores Inc.
CVS also questioned why DeMedicis did not simply accept its money
back guarantee.
The case is DeMedicis v CVS Health Corp et al, U.S. District Court,
Northern District of Illinois, No. 16-05973.
(Reporting by Jonathan Stempel in New York; Editing by Marguerita
Choy)
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