Five “John Doe” consumers brought a lawsuit against CVS for providing them a lower tier of service and putting their lives at risk. After Consumer Watchdog’s unanimous win in the Ninth Circuit Court of Appeals, CVS petitioned the high court for review. Review was granted and the case was briefed, but CVS unexpectedly dropped the case, leaving the earlier Ninth Circuit victory intact. Doe v. CVS Pharmacy, Inc. (9th Cir. 2020) 982 F.3d 1204, cert. granted in part, (2021) 141 S. Ct. 2882, and cert. dismissed sub nom. CVS Pharmacy, Inc. v. Doe (2021) 142 S. Ct. 480.
Consumer Watchdog is currently litigating the Doe v. CVS case at the district court level, as well as another lawsuit against drug manufacturer Gilead for delaying the availability of a generic version of the life-saving drug Truvada.