California Natural Living named in class action lawsuit over sale of California Baby Natural Bug Blend Bug Repellent

 

 

This is a class action lawsuit on behalf of purchasers of California Baby Natural Bug Blend Bug Repellent. California Natural Living represents that the Product is a bug repellent that repels mosquitoes.  According to the class action complaint, however, the Product is a complete sham, ineffective and worthless.

According to a report in the New York Times and independent arm-in-cage laboratory testing commissioned by Plaintiff’s counsel in early 2018, the Product is ineffective in repelling Aedes and Culex mosquitoes – the two most worrisome and common species of mosquitoes found in the United States. These findings were further corroborated by Consumer Reports testing.

COMPLAINT

Anker Technology named in class action lawsuit for providing less than promised battery power

 

 

Anker manufactures, markets, and distributes for sale nationwide to consumers power banks designed to recharge mobile devices.  It markets the power of these products by prominently representing the Products’ milliampere-hours mAh capacity.  As alleged, the mAh of these products is uniformly underrepresented such that consumers are not receiving what they paid for.

According to the complaint, by deceiving consumers about the Products’ capacity, Anker is able to sell more of, and charge more for, the Products than it could if they were labeled accurately. Further, Anker is incentivized to mislead consumers to take away market share from competing products, thereby increasing its own sales and profits.

COMPLAINT

Cree Inc named in class action lawsuit over life expectancy of its light bulbs

 

 

This class action is brought to remedy violations of law in connection with Cree’s unfair and deceptive practice of promising consumers that its LED light bulbs will last for up to 35,000 hours when in fact they last for materially shorter period of time. The longevity representations made by Cree are prominently made on the principal display panel of the Light bulbs and are viewed by every consumer at the point of purchase. In reliance on those representations, consumers paid and continue to pay a premium for the LED Light bulbs.

Cree’s packaging offers a “100% Satisfaction Guarantee” for LED Bulbs and an estimated lifetime of between 15-32 years depending on the product. The packages further offer an estimated yearly energy cost savings ranging from around $0.60 to $2 per bulb per year. Cree packaging also offers a “10 Year Warranty.” According to the complaint, Cree’s marketing efforts are made in order to—and do in fact—induce its customers to purchase the LED Light bulbs at a premium because consumers believe the Light bulbs will last for far longer than their actual life.

To the detriment of the consumer, however, Cree’s claims regarding the longevity of the LED Light bulbs are false. The LED Light bulbs do not last nearly as long as advertised.

As alleged, Cree’s customers across the nation have been cheated out of millions of dollars based on false promises, which have caused damages to Plaintiff and the members of the Class.

COMPLAINT

Mylan Pharmaceuticals, Inc and Rite Aid named in class action lawsuit over sale of valsartan contaminated with a carcinogenic and liver-damaging impurity

This is a class action lawsuit pertaining to Mylan and Rite Aid’s manufacturing, distribution, and sale of valsartan-containing generic prescription medications contaminated with N-nitrosodiethylamine (NDEA), a carcinogenic and liver-damaging impurity.

NDEA is classified as a probable human carcinogen. Animal studies have revealed the carcinogenic nature of the compound. On July 13, 2018, the U.S. Food & Drug Administration (“FDA”) announced a voluntary recall of several brands of valsartan-containing generic medications. The recall traced back to a Chinese company, Zhejiang Huahai Pharmaceuticals, which supplied the active pharmaceutical ingredient, valsartan, to American subsidiaries, as well as other companies. The recall was due to the presence of N-nitrosodimethylamine (NDMA) in the recalled valsartan products. The FDA’s notice states that “NDMA is classified as a probable human carcinogen (a substance that could cause cancer) based on results from laboratory tests. The presence of NDMA was unexpected and is thought to be related to changes in the way the active substance was manufactured.” Several subsequent recalls were made.

As alleged, Mylan failed to promptly recall its valsartan-containing medications for over four months after the initial recall was announced, and over three months after labs in India were implicated. The Mylan Defendants failed to do so despite knowing that their valsartan containing medication were also likely contaminated. It took the Mylan Defendants another two weeks to recall all non-expired lots of the medication due to the presence of NDEA.

Plaintiff and the Class were injured by the full purchase price of their valsartan containing medications. These medications are worthless, as they are contaminated with carcinogenic and harmful NDEA, and therefore and are not fit for human consumption. Indeed, Plaintiff has been instructed to immediately stop using the medication, and has been instructed to return the remaining medication for another, non-contaminated brand. Plaintiff and the Class are further entitled to statutory damages, damages for the injury sustained in consuming high levels of acutely-toxic NDEA, and for damages related to Defendants’ conduct.

COMPLAINT

Toyota Motor Corporation named in class action lawsuit for vehicle frames that prematurely rust and corrode

 

According to the class action complaint, the frames for certain model year Toyota vehicles are prone to excessive, premature rust corrosion because the frames were not properly prepared and treated against rust corrosion when they were manufactured. The model years at issue in this Class Action complaint are the 2005 to 2011 Toyota 4- Runners.

Excessively corroded frames pose a serious safety hazard to a vehicle’s occupants because a vehicle’s frame forms the basis of a vehicle’s crash-worthiness, including its ability to withstand or minimize damage to the occupant compartment in the event of an accident.

Toyota has represented that its vehicles are crash-worthy and sturdy throughout the expected life of the vehicles and its customers expect vehicles to remain crash-worthy and sturdy throughout the vehicle’s life. Contrary to this promise and expectation, the frames of the Toyota 4-Runner and the other Toyota Vehicles were designed, manufactured, and sold with inadequate rust corrosion protection. As a result, the frames on the Toyota 4-Runner and the other Toyota Vehicles are prone to excessive rust corrosion, which render the vehicles unstable and unsafe.

According to the complaint, the Defendants have long known the frames on the Toyota 4-Runner and the other Toyota Vehicles are defective because they lack adequate rust corrosion protection. Despite this knowledge, the Defendants failed to disclose the existence of the Toyota 4-Runner defect to the Plaintiff, other Class members, and the public. Nor has it issued a recall to inspect and repair the Toyota 4-Runner, or offered to reimburse owners of the Toyota 4-Runner for costs incurred to identify and repair this defect.

COMPLAINT

Kellogg’s named in class action lawsuit over glyphosate residue breakfast products

The class action lawsuit concerns Kellogg’s Nutrigrain Soft Baked Breakfast Bars – Strawberry; and Kellogg’s Cracklin’ Oat Bran oat cereal.

As alleged, in marketing the Products, Kellogg’s appeals to the consuming public’s ever-growing health consciousness and increasing appetite for nutritious, wholesome foods that will benefit their health and avoidance of highly-processed foods with non-healthy attributes such as GMOs, artificial additives, gluten, added sugars, and hydrogenated oils.

Kellogg’s makes several detailed representations about the health attributes of the Products on the front of the Product packages which lead reasonable consumers to believe the Products will foster their “good health” and not pose a safety risk to or potentially harm their health. According to the complaint, however, recent testing by the Environmental Working Group (EWG), a nonprofit organization dedicated to protecting human health and the environment, revealed that Defendant’s Products contain glyphosate. Glyphosate is one of the most widely used weed killing poisons in the United States. It is also sprayed on wheat, barley, and oats as a preharvest desiccant to dry the grain faster. Each year, more than 250 million pounds of glyphosate is sprayed on American crops, including wheat, barley, and oats just before they are harvested. Glyphosate adheres to the crops and Defendant’s cleansing process fails to remove the glyphosate residue.

The International Agency for Research on Cancer, part of the World Health Organization, has determined that glyphosate is likely carcinogenic to humans. Because it is a probable carcinogen with no nutritional value, the presence of any amount of glyphosate in the Products, no matter whether above or below regulatory limits, is material to reasonable consumers. No reasonable consumer would purchase the Products knowing that they contained glyphosate. This is particularly true given that there are numerous comparable products without glyphosate.

By failing to disclose that the Products contain or likely contain glyphosate and glyphosate is a probable carcinogen and continuing to sell the Products in packages omitting this information, Defendant has and continues to deceive and mislead consumers, including Plaintiff.

COMPLAINT

Marriott Hotels reveals massive data breach of personal and financial information of millions of customer — Lawyers Open Class Action Investigation 

 

 

Marriott Hotels revealed a massive data breach which exposed the personal and financial information of nearly a half billion customers who made reservations at its Starwood properties over the past four years. Marriott says that for approximately 327 million people, the breach exposed their names, phone numbers, email addresses, passport numbers, date of birth and arrival and departure information. For millions others, their credit card numbers and card expiration dates were potentially compromised.

Marriott said it will begin emailing guests affected by the breach and has created an informational website. There’s also a call center that’s been set up. The company said it’s giving guests a free membership to WebWatcher, a personal information monitoring service. It’s also telling guests to monitor their loyalty accounts for suspicious activity, change their account passwords and check credit card statements for unauthorized activity.

At this point the breach is limited to Marriott’s Starwood properties which include:  W Hotels, St. Regis, Sheraton Hotels & Resorts, Westin Hotels & Resorts, Element Hotels, Aloft Hotels, The Luxury Collection, Tribute Portfolio, Le Méridien Hotels & Resorts, Four Points by Sheraton and Design Hotels that participate in the Starwood Preferred Guest (SPG) program.

 

Ford named in class action lawsuit over defective CP4 high pressure fuel injection pump

 

 

Ford Motor Company has sold—and continues to sell—millions of diesel trucks equipped with high-pressure fuel injection pumps that are proverbial ticking time bombs, wholly unbeknownst to an unassuming American public who pays for these vehicles’ fictitious “durability,” “longevity,” and “top notch fuel economy.” As alleged, Ford promised consumers the continued reliability of their diesel engines with increased fuel efficiency and power at greater fuel efficiency. However, this came with a hidden and catastrophic cost that was secretly passed on to consumers.

 

The culprit is the Bosch-supplied CP4 high pressure fuel injection pump, which unbeknownst to consumers is a ticking time bomb when used in American vehicles. As Ford knew before and during the Class Period (2011-2018), Bosch’s CP4 pump was never compatible with American fuel standards. The CP4 pump is not built to withstand the specifications for U.S. diesel fuel in terms of lubrication or water content, and it struggles to lift a volume of fuel sufficient to lubricate itself. As a result, the pump is forced to run dry and destroy itself as air bubbles allow metal to rub against metal. The pump secretly deposits metal shavings and debris throughout the fuel injection system and the engine until it suddenly fails without warning, further contaminating the fuel delivery system with larger pieces of metal.

 

This pump failure often can occur as early as “mile 0,” as the fuel injection disintegration process begins at the very first fill of the tank. This total fuel injection system failure and consequential engine failure results in an outrageously expensive repair bill, all for a repair that will not truly ameliorate the issue so long as the vehicle is being filled with U.S. diesel. And, although complete and total pump failure takes time to occur, the defective CP4 pump starts damaging the vehicle’s fuel injection system and engine immediately upon the vehicle’s first use. Further, the sudden and unexpected shutoff of the vehicle’s engine while it is in motion and then subsequent inability to restart the vehicle present an inherent risk to consumer safety—one which Ford itself has recognized in the past. Thus, Plaintiffs and other Class members have suffered from a defect that existed in the Class Vehicles, upon the first use of the Class Vehicles. Plaintiffs and other Class members are seeking recovery for this manifested and immediately damaging defect, in addition to any and all consequential damages stemming therefrom.

 

According to the complaint, Ford blames the failures on “fuel contamination,” which is not covered under their warranties because it is “not caused by Ford.” Consumers are left with repair bills that range from $8,000.00 to $20,000.00 per vehicle.

 

Ford sought to use the CP4 system in American vehicles, promising consumers exactly what they were looking for—improvements in torque, horsepower, durability, and fuel economy. But Ford could never deliver on that promise for American vehicles because the CP4 fuel pump is not compatible with American diesel fuel; in fact, Ford knew this before and during the Class Period, and equipped its modern Power Stroke diesel vehicles with the European-designed CP4 fuel pump anyway.

 

Ford knew, from the specifications of the pump as compared to the specifications of American diesel, the Bosch-made CP4 Pump was clearly incompatible with the ordinary use of American diesel fuel. That is, well before Ford ever chose to implement the CP4 component part (as incorporated in the diesel engines of the subject Class Vehicles), the issue of incompatibility was (or should have been) known and yet was totally ignored in the design of the Class Vehicles’ engine systems. This is further evidenced by the fact that Ford had experience with widespread catastrophic fuel injection pump failures when cleaner diesel standards were first implemented in the 1990s. By 2002, the Truck & Engine Manufacturers Association (“EMA”)—of which Ford is a member company1—acknowledged that the lower lubricity of American diesel could cause catastrophic failure in fuel injection system components that are made to European diesel specifications.

 

Not only did Ford fail to inform American consumers and fail to stop touting the fabricated benefits of the vehicles containing CP4 pumps, they actively attempted to shift the blame to American consumers. For instance, in 2010, Ford claimed it was consumers’ improper use of contaminated or substandard fuels that damaged the vehicles’ fuel system, even when Ford knew that the malfunction was actually the result of the CP4 fuel injection pump design, which was simply not fit for American diesel fuel.

COMPLAINT

Outernational Brands, makers of Vivaloe beverages, named in class action lawsuit for misleading advertising

Outernational Brands manufactures and sells a variety of purportedly natural fruit flavored products known as Vivaloe beverage products. As alleged, the labeling of the Products are false and misleading and the Products thus are misbranded under California consumer protection laws. Specifically, the Products are labeled as if they are flavored only with natural ingredients when they in fact contain an undisclosed artificial flavor, malic acid, in violation of state and federal law.

According to the complaint, Defendant’s labeling and advertising scheme is intended to give consumers the impression that they are buying premium, all-natural products with only natural flavoring ingredients instead of products that contains artificial chemicals and that are artificially flavored.

Outernational 11-15-18

Hyundai named in class action lawsuit over engine defect

This is a class action on behalf of current or former owners and/or lessees of a 2011 – 2015 Hyundai Sonata with a 1.6- liter turbo Gasoline Direct Injection (GDI) 4-cylinder engine.

 

As alleged, each Subject Vehicle is equipped with a 1.6-liter turbo Gasoline Direct Injection (GDI) 4-cylinder engine. Upon information and belief, under normal use and with proper maintenance, the engines in Subject Vehicles suffer from inadequate engine oil lubrication, which causes the engines and their subject components to wear prematurely and ultimately cause catastrophic engine failure.

The connecting rod bearings within Subject Vehicles additionally suffer from failure caused by metal debris circulating within the engine via the engine oil. The oil contamination and inadequate engine lubrication cause the connecting rod bearings to break and release even more metal debris into the engine oil. Consequently, contaminated oil begins to recirculate throughout the engine, causing further engine damage and eventual catastrophic engine failure.

COMPLAINT