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

Fitbit, Inc named in class action for falsely advertising products

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According to the complaint, Fitbit touted the purported ability of its wrist-based “activity trackers” to accurately record a wearer’s heart rate during intense physical activity.  To perform this function, Fitbit equipped its “Charge HR” 2 and “Surge” fitness watches (the “PurePulse  Trackers”) with an LED-based technology called “PurePulse™”. 

Fitbit’s representation is repeated throughout its advertising of the PurePulse Trackers, which employs such descriptive slogans as “Every Beat Counts” and “Know Your Heart.”  But the representation is false.  Far from “counting every beat,” the PurePulse Trackers do not and cannot consistently and accurately record wearers’ heart rates during the  intense physical activity for which Fitbit expressly markets them. 

As alleged, Plaintiffs and many consumers like them have experienced—and testing confirms—that the PurePulse Trackers consistently mis-record heart rates by a very significant margin, particularly during exercise (described herein as the “Heart Rate Defect”).   

This failure did not keep Fitbit from heavily promoting the heart rate monitoring feature of the PurePulse Trackers and from profiting handsomely from it.  In so doing, Fitbit defrauded the public and cheated its customers, including Plaintiffs.  

The heart rate monitoring function of the PurePulse Trackers is a material— indeed, in some cases, vital—feature of the product.  Not only are accurate heart readings important for all of those engaging in fitness, they are critical to the health and well-being of those Class members whose medical conditions require them to maintain (or not to exceed) a certain heart rate. 

6. On behalf of all those who purchased the Fitbit PurePulse Trackers, Plaintiffs

Kate McLellan, Teresa Black, and David Urban bring this action on behalf of themselves and all those similarly situated to seek redress through this proposed class action in the form of injunctive relief, damages, restitution, and all other relief this Court deems equitable.

COMPLAINT

Trader Joe’s named in class action lawsuit for under filling tuna cans

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This is a class action lawsuit against Trader Joe’s for cheating customers by underfilling 5-ounce cans of Trader Joe’s store-brand tuna. As alleged, tests by a U.S. government lab found that Trader Joe’s 5-ounce cans actually contain less than 3 ounces of tuna in most instances, and that every lot tested, and nearly every single can, was under filled in violation of the federally mandated minimum standard of fill.

Independent testing by the U.S. National Oceanic and Atmospheric Administration (“NOAA”) determined that, over a sample of 24 cans, 5-ounce cans of Trader Joe’s Albacore Tuna in Water Salt Added contain an average of only 2.61 ounces of pressed cake tuna when measured precisely according to the methods specified by 21 C.F.R. § 161.190(c). This is 19.2% below the federally mandated minimum standard of fill of 3.23 ounces for these cans.

The complaint details several other NOAA tests that found similar under fill.

Another test by NOAA determined that, over a sample of 24 cans, 5-ounce cans of Trader Joe’s Albacore Tuna in Water Half Salt contain an average of only 2.43 ounces of pressed cake tuna, which is 24.8% below the federally mandated minimum standard of fill of 3.23 ounces for these cans. In this sample, 24 of 24 cans were below the minimum standard of fill.

Plaintiff asserts claims on behalf of herself and a nationwide class of purchasers of Trader Joe’s Tuna for breach of express warranty, breach of the implied warranty of merchantability, breach of the implied warranty of fitness for a particular purpose, unjust enrichment, violation of New York Gen. Bus. Law § 349, violation of New York Gen. Bus. Law § 350, negligent misrepresentation, and fraud.

Complaint