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

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

Coca-Cola sued over advertising of Hansen’s Natural sodas

 

Defendant manufactures, markets, advertises, and sells a line of products in the “alternative” soda beverage category, which Defendant prominently labels and sells as “Hansen’s Natural” sodas Defendant uses the “natural” branding strategy and labeling claim as the primary feature differentiating Hansen’s Natural Sodas from other soda products in the marketplace. However, Defendant’s advertising and marketing is false, deceptive and misleading because each Hansen’s Natural Soda product contains one or more artificial and/or synthetic, non-natural ingredients, including Ascorbic Acid, Citric Acid, and Caramel Color.

 

COMPLAINT

Diamond Foods named in class action lawsuit over “made with natural ingredients”  and no preservative representations

 

This is a consumer protection action seeking redress for, and a stop to, Defendant’s unfair and deceptive practice of advertising and marketing its line of potato chips (the ” Products”) as “Made with Natural Ingredients” and having no preservatives.

Products include:

Organic Sea Salt & Vinegar Potato Chips

Salt & Fresh Ground Pepper Krinkle Cut Potato Chips

Backyard Barbecue Potato Chips

Chili Lime Potato Chips

Buffalo Blue Krinkle Cut Potato Chips

Sour Cream and Onion Potato Chips

Pepperoncini Potato Chips

Tropical Salsa Potato Chips

Fiery Thai Potato Chips

Country Style Barbecue Potato Chips

Honey Dijon Potato Chips

New York Cheddar Potato Chips

As alleged, defendant’s “No Preservatives” representations are false, deceptive and misleading because the Products contain the preservative, citric acid. This labeling deceives consumers into believing that they are receiving healthier preservative free beverages even though these products cannot live up to these claims.

The complaint also alleges that Defendant’s “Made with Natural Ingredients'” representations are false, deceptive, and misleading because the preservative, citric acid, is a synthetic compound and thus not natural.

Diamond Foods 10-4-18

Blue Diamond Growers  named in class action lawsuit alleging false advertising

Blue Diamond Growers  manufactures, distributes, markets, labels and sells “Almond Nut-Thins” (crackers) under the “Blue Diamond Almonds” brand.

The Products’ common principal display panel representations include (i) their name, “Almond Nut-Thins,” (ii) a more specific identification as “Nut & Rice Cracker Snacks,” and (iii) vignettes of almonds. The back of the packages state “As The Almond People®, we’re pretty partial to almonds in anything, but we think you’ll agree these crispy crackers go well with almost anything.

As alleged, the Products are misleading because despite the labels naming them “Almond NutThins” and more specifically identifying them as “Nut & Rice Cracker Snacks,” they are actually rice-flour based crackers, which happen to include equivalent amounts of “almonds” as they do “potatoes.”

According to the complaint, Plaintiff believed the Almond Products were made with almonds as predominant ingredient in the same way consumers would observe wheat crackers and reasonably expect they were composed mainly of wheat. Plaintiff desired to purchase a product that was made primarily of almond ingredients and believed that the predominant ingredients was almonds or derived from almonds.

National Beverage Corp  makers of LaCroix Sparkling Waters named in class action lawsuit over false advertising of product as natural

 

This is a class action against National Beverage Corp. d/b/a LaCroix Sparkling Waters to stop their practice of mislabeling their signature product, LaCroix Water, as “all-natural.” LaCroix Water is manufactured using non-natural flavorings and synthetic compounds, and Defendant continues to mislead consumers into believing that their product is natural when it is not.

According to the complaint, the water contains ethyl butanoate, Iimonene, linalool and linalool propionate — chemical compounds that are synthetically created and added to consumable goods to make those goods taste or smell a certain way.

COMPLAINT

CVS named in class action lawsuit over adulterated thyroid tablets

This is a class action lawsuit over thyroid tablets manufactured and distributed by Westminster Pharmaceuticals, LLC (“Westminster”) and sold through and by CVS Pharmacy, Inc. (“CVS”).

Specifically, the lawsuit pertains to Defendants Westminster’s manufacturing and distribution of adulterated generic prescription thyroid medications containing Levothyroxine and Liothyronine tablets for oral use, branded as “Thyroid Tablets, USP” or “Thyroid Tablets” (hereafter, “Thyroid Tablets”). CVS sold these adulterated generic prescription medications to Plaintiff and other similarly situated consumers.

Levothyroxine (tetraiodothyronine sodium) and Liothyronine (liothyronine sodium) are generic prescription medications indicated as replacement or supplemental therapy in patients with hypothyroidism, among other conditions. Westminster combines both compounds into a generic formulation consisting of a single oral tablet, which is branded as “Thyroid Tablets, USP” or “Thyroid Tablets.” However, due to manufacturing defects originating from overseas laboratories in China, Westminster’s formulation has become adulterated.

On August 9, 2018, the U.S. Food & Drug Administration (“FDA”) posted a notice of a voluntary recall of Thyroid Tablets by Westminster subsequent to multiple violations of the Food Drug and Cosmetics and good manufacturing practices issued there under.

As alleged, Plaintiff and the Class were injured by paying the full purchase price of their Thyroid Tablets. These medications are worthless, as they have been found to be adulterated and are not fit for human consumption.

COMPLAINT