CVS Settlement: Eligibility, Payment Amounts, and Tax Rules

The CVS eye drop settlement closed to new claims on September 18, 2025, and the settlement administrator began mailing payment checks in early February 2026. If you filed a valid claim before that deadline, your check should be on its way. If you’re just hearing about the case now, you can no longer submit a claim.

What the Case Was About

The lawsuit, Ruffin v. CVS Pharmacy, Inc., was filed in the U.S. District Court for the Eastern District of North Carolina after several CVS store-brand eye drops were pulled from shelves. The FDA inspected the manufacturing facility run by Kilitch Healthcare India Limited in October 2023 and found unsanitary conditions and positive bacterial results in critical drug production areas, and Kilitch issued a voluntary recall on November 15, 2023.¹ Plaintiffs alleged CVS failed to ensure the safety of the store-brand products. CVS denied wrongdoing and agreed to a $1 million settlement fund covering payments, administrative costs, and attorneys’ fees.²

Who Was Eligible

Anyone in the United States who bought a covered CVS store-brand eye drop product between October 1, 2021, and October 25, 2023 was part of the class.² You did not need to have suffered an eye infection or any other health problem to qualify. Purchases made for resale or as part of a business transaction were excluded.

Which Products Were Covered

Nine CVS store-brand products were included:³

Lubricant Eye Drops 15 mL, single pack (NDC 76168-702-15) and twin pack (NDC 76168-702-30)
Lubricant Gel Drops 15 mL, single pack (NDC 76168-704-15) and twin pack (NDC 76168-704-30)
Multi-Action Relief Drops 15 mL (NDC 76168-706-15)
Mild Moderate Lubricating Eye Drops 15 mL (NDC 76168-711-15)
Lubricant Gel Drops 10 mL (NDC 76168-712-10)
Lubricant Eye Drops 10 mL, single pack (NDC 76168-714-10) and twin pack (NDC 76168-714-20)

If you still have the box or bottle, the NDC number on the label is the fastest way to confirm coverage.

How Much Claimants Got

Payments used a two-tier system. Claimants with proof of purchase, such as a receipt or bank statement, could recover the actual amount paid for every qualifying product, adjusted by a time-discount rate defined in the settlement.³ Claimants without proof were capped at three units, paid pro-rata from whatever remained after proof-based claims, administrative costs, and attorneys’ fees came out of the $1 million fund. With that cap on the fund, no-proof payments were always going to be modest.

If You Filed and Haven’t Been Paid Yet

The Final Approval Hearing took place on October 28, 2025 before Judge Terrence W. Boyle, and checks started going out in early February 2026.² Mailing takes time and volumes vary. If a few weeks have passed and yours still hasn’t arrived, contact the settlement administrator through cvseyedropsettlement.com.

If You Missed the Deadline

The administrator was required to reject any claim submitted after the close of the claim period.⁴ No public extension of the September 18, 2025 deadline was announced. There is one thing to know even if you’re out of luck on payment: the opt-out deadline was the same day, so if you didn’t opt out, you’re still bound by the release. You cannot bring your own lawsuit against CVS over these products.²

Health Concerns Are a Separate Matter

The money side of this case is unrelated to any medical issues from the recalled drops. Symptoms worth watching for after using contaminated eye drops include blurry vision, discharge, pain or discomfort, redness of the eye or eyelid, a persistent feeling of something in the eye, and increased sensitivity to light.⁵ See an eye doctor if any of those have persisted or worsened. Broader CDC guidance on contaminated eye drop outbreaks has indicated that people without symptoms generally don’t need testing.⁶ Throw away any remaining recalled bottles if you still have them.

Is the Payment Taxable

Federal law excludes from gross income any damages received on account of personal physical injuries or physical sickness, provided they aren’t punitive.⁷ Most people in this class weren’t compensated for an injury; the payment functions more like a refund of the purchase price. Under the general rule that all income is taxable unless an exemption applies, a pure purchase-price refund typically isn’t taxable because it restores money you already spent rather than adding new income.⁸ Given the dollar amounts here, most claimants are unlikely to face a meaningful tax question. If you also received other settlement income the same year, a tax professional can advise on what to report.

1
U.S. Food and Drug Administration. FDA Warns Consumers Not to Purchase or Use Certain Eye Drops From Several Major Brands Due to Risk of Eye Infection
2
CVS Pharmacy Eye Drops Settlement. CVS Pharmacy Eye Drops Settlement
3
CVS Pharmacy Eye Drops Settlement. FAQs – CVS Pharmacy Eye Drops Settlement
4
classaction.org. Ruffin v. CVS Pharmacy, Inc. Settlement Agreement
5
UC Davis Health. FDA Eye Drop Recall: Don’t Use These CVS, Rite Aid, Walmart and Target Brands
6
CDC Archive. Outbreak of Extensively Drug-resistant Pseudomonas Aeruginosa Associated With Artificial Tears
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Office of the Law Revision Counsel. 26 USC 104 – Compensation for Injuries or Sickness
8
Internal Revenue Service. Tax Implications of Settlements and Judgments