CVS Eyedrops Lawsuit Says Contaminated Products Can Cause Infection, Blindness

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CVS Health Corp. has been hit with a proposed class action lawsuit that alleges certain CVS-brand eyedrops recalled in October are unreasonably dangerous given that they are contaminated with bacteria. 

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The 25-page lawsuit centers on certain CVS eyedrops included in an October 27, 2023 recall that covered lubricating eyedrops sold by six retailers, including Target, Rite Aid and Cardinal Health. The recall, which came months after certain EzriCare and Delsam Pharma artificial tears were pulled due to potential contamination, was initiated after Food and Drug Administration (FDA) inspectors found “unsanitary conditions and bacteria” at the unnamed facility that produced the drops, the filing states. 

In all, 27 over-the-counter eyedrop products were recalled, and the FDA in October warned consumers to immediately stop using the contaminated items due to the risk of eye infections that could cause partial vision loss or blindness, the suit shares. Of the 27 contaminated products, nine are manufactured and sold by CVS, including the 10 mL Propylene Glycol and 15 mL Carboxymethylcellulose Sodium varieties, among others, the lawsuit says. 

Prior to the recall announcement in October, the plaintiff, a North Carolina resident, had eye surgery to correct an eyelid that would not close all the way, the complaint relays. To provide relief after the procedure, she bought CVS Health Lubricant Eye Drops under the belief that the product was safe, effective and trustworthy, the suit says. 

“As a result of Defendant’s actions and omissions, Plaintiff has been denied her benefit of the bargain by being provided a product that is unsafe and dangerous to use in its intended manner,” the case reads. 

According to the eyedrops lawsuit, neither the plaintiff nor other consumers would have bought the CVS products had they known the drops posed a risk of infection or blindness. 

The CVS eyedrops mentioned in the lawsuit include: 

• Lubricant Eye Drops 15 mL (single pack) Carboxymethylcellulose Sodium 0.5%, NDC: 76168-702-15;
• Lubricant Eye Drops 15 mL (twin pack) Carboxymethylcellulose Sodium 0.5%, NDC: 76168-702-30;
• Lubricant Gel Drops 15 mL (single pack) Carboxymethylcellulose Sodium 1%, NDC: 76168-704-15;
• Lubricant Gel Drops 15 mL (twin pack) Carboxymethylcellulose Sodium 1%, NDC: 76168-704-30;
• Multi-Action Relief Drops 15 mL Polyvinyl Alcohol 0.5%, Povidone 0.6%, and Tetrahydrozoline Hydrochloride 0.05%, NDC: 76168-706-15;
• Lubricant Gel Drops 10 mL Polyethylene Glycol 400 0.4% and Propylene Glycol 0.3%, NDC: 76168-712-10;
• Lubricant Eye Drops 10 mL (single pack) Propylene Glycol 0.6%, NDC: 76168-714-10;
• Lubricant Eye Drops 10 mL (twin pack) Propylene Glycol 0.6%, NDC: 76168-714- 20; and
• Mild Moderate Lubricating Eye Drops 15 mL (single pack) Polyethylene Glycol 400 0.25%, NDC: 76168-711-15. 

The lawsuit looks to cover all persons in the United States who bought any of the recalled CVS eyedrops listed on this page prior to October 25, 2023. 

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