Couple accuses CVS of overcharging sales tax on food item

By Noddy A. Fernandez | Jul 14, 2017

ST. LOUIS — Consumers have filed a class-action lawsuit against a pharmacy store, citing alleged unjust enrichment.

Fred Jones and Kathryn Schott, on behalf of themselves and all others similarly situated, filed a complaint in the St. Louis 22nd Judicial Circuit Court against CVS Pharmacy Inc. and Missouri CVS Pharmacy LLC alleging that the defendants violated the Missouri Merchandising Practices Act.

According to the complaint, the plaintiffs allege that on March 23, Jones purchased glucose tablets in assorted fruit flavored, which had a nutritional facts label. The plaintiffs claim that food items with nutrition facts were charged 4.225 percent sales tax rather than the 1.225 percent state sales tax rate for qualifying food items. 

The plaintiffs hold the defendants responsible because they allegedly failed to disclose to customers that they were charging a higher state sales tax rate on products that contain a nutrition facts label and failed to exercise reasonable care to determine, represent, charge and collect the correct amount of sales tax on food and services.

The plaintiffs request a trial by jury and seek to award punitive damages, declaratory and injunctive relief, pre and post-judgment interest, attorneys' fees, costs and other relief as the court deems fair and reasonable. They are represented by Adam M. Goffstein of Goffstein Law LLC in St. Louis and Daniel J. Orlowsky of Orlowsky Law LLC in St. Louis.

St. Louis 22nd Judicial Circuit Court case number 1722-CC10706

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