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

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

Rite Aid named in class action lawsuit over misleading labeling of private label vitamins and supplements

The claims arise from the marketing and sales of certain “Rite Aid” branded vitamins, minerals, supplements, herbs, sports nutrition and other health and wellness products (collectively “Nutritional Supplements”). The Nutritional Supplements at issue are marketed, labeled, and sold with inaccurate or misleading representations and omissions on the container in violation of Federal and state of Oregon law and regulations. As alleged, containers for the Nutritional Supplements at issue falsely indicate that the contents provide a certain number of milligrams (“MGs” or “mgs”) of Nutritional Supplement per tablet, capsule, caplet, chew, or other individualized delivery method (“Unit”) and/or they contain inaccurate or misleading representations and omissions related to the total amount of milligrams of Nutritional Supplement included in the entire container.

COMPLAINT

Nektar Theraputics named in class action lawsuit for securities fraud

This is a federal securities class action on behalf of those who purchased or otherwise acquired Nektar securities between November 11, 2017 through October 2, 2018 (“class Period”) seeking to recover damages caused by Defendants’ violations of the federal securities laws.

The Company’s Common Stock is listed and traded on the NASDAQ Global Select Market (“NASDAQ”) under the ticker symbol “NKTR”. If you purchased during the Class Period wish to serve as lead plaintiff, you must move the Court no later than December 31, 2018.

Nektar is a research-based bio pharmaceutical company that discovers and develops innovative medicines in areas of high unmet medical need. Nektar’s research and development pipeline of new investigational drugs includes treatments for cancer, autoimmune disease and chronic pain. Nektar purports to leverage its proprietary and proven chemistry platform to discover and design new drug candidates. These drug candidates utilize the Company’s advanced polymer conjugate technology platforms, which are designed to enable the development of new molecular entities that target known mechanisms of action.

NKTR-214, is the Company’s lead immune-oncology (“I-O”) candidate, is a biologic with biased signaling through one of the IL-2 receptor sub units (CD 122) that can stimulate proliferation and growth of tumor-killing immune cells in the tumor micro-environment and increase expression of PD-1 on these immune cells.

As alleged, throughout the Class Period, Defendants made materially false and misleading statements regarding the Company’s business, operational and compliance policies. Specifically, Defendants made false and/or misleading statements and/or failed to disclose that: (i) prior studies which attempted to pegylate IL-2 failed; (ii) NKTR-214’s extended half-life was unlikely to result in efficacy and created additional high-dosing safety concerns; (iii) NKTR-214 was less effective than IL-2 alone; (iv) the combination of NKTR-214 with nivolumab has not yet demonstrated significant positive results; and (v) as a result, Nektar’s public statements as set forth above were materially false and misleading at all relevant times.

On October 1, 2018, Plainview LLC published a report entitled “NKTR-214: Pegging the Value at Zero”. The report addressed the efficacy of Nektar’s lead clinical-stage drug NKTR-214, which the Company has touted as “a promising treatment for cancer, particularly in combination with checkpoint inhibitors.” The Plainview report stated that “Nektar hypothesized that IL- 2 [a naturally occurring cytokine] could be improved by adding polyethylene glycol molecules to it (pegylating it) to extend the half-life and block interaction with” a specific receptor, but that “[u]nfortunately, the anticipated benefits did not materialize and pegylation has proved to be a drag on efficacy.” The Plainview report asserted that the core concept of Nektar’s plan to develop NKTR-214 into “a new universal cancer treatment” “has never worked in practice”, and further asserted that Nektar’s decision to only disclose certain trial results represented “an unprecedented level of data opacity.”

Following publication of the Plainview report, Nektar’s stock price fell $5.63 per share, or 9.24%, over the following two trading sessions, closing at $55.33 per share on October 2, 2018.

As a result of Defendants’ wrongful acts and omissions, and the precipitous decline in the market value of the Company’s securities, Plaintiff and other Class members have suffered significant losses and damages.

COMPLAINT

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