La. Appeals Court Upholds Summary Judgment Award for CVS in Expired OTC Drug Action

BATON ROUGE, La. — A Louisiana appellate court has upheld an award of summary judgment to CVS Caremark Co. in a lawsuit accusing the pharmacy chain of selling expired over-the-counter drugs, finding the plaintiff failed to prove she was entitled to injunctive relief, damages or class certification.

In a June 17 opinion, the Louisiana Court of Appeal, 1st Circuit, explained that the plaintiff failed to prove irreparable injury, noting that she never ingested the drug and presented no evidence of injury.

Jean Cooper purchased OTC allergy medicine at a CVS store. Before consuming any of the medicine, she noticed that …