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

GM named in class action lawsuit over excessive oil consumption in Chevrolet Equinox vehicles

 

This class action pertains to Model Year 2010-2017 Chevrolet Equinox vehicles with 2.4-liter engines. These engines were denominated within GM as the “LAF” and “LEA” engines (also referred to herein as the “EcoTech 2.4L” engine).

 

As alleged, GM knew that these vehicles contained one or more design and/or manufacturing defects that cause them to be unable to properly utilize the engine oil and, in fact, to improperly burn off and/or consume abnormally high amounts of oil (the “Oil Consumption Defect”).

The primary cause of the Oil Consumption Defect was the composition and construction of faulty piston rings, including both “compression” and “oil” rings. In particular, the composition of compression rings did not permit these rings to withstand the higher compression ratios of the LAF and LEA engines, in that the coating would fail and cause premature ring wear, and that these rings were too thin. Additionally, GM installed low-tension oil rings in these engines that do not maintain sufficient tension to keep oil in the crank case within design specifications.

Included in the EcoTec 2.4L engines, which further contributes to the Oil Consumption Defect, are spray jets that spray oil onto the piston skirt and cylinder wall. This was not common on other engines with adequate piston rings. This oil spray overloads and fouls the defective piston rings, triggering oil to migrate past the piston rings into other places in the engine. This excess oil either burns off or accumulates as a carbon buildup on the combustion chamber’s surfaces.

The complaint also alleges that the EcoTec 2.4L engine includes a flawed Positive Crankcase Ventilation system that vacuums oil from the valve train into the intake system, where it is ultimately burned in the combustion chambers.

The engine oil defect can cause a myriad of issues creating a safety issue including:

  • Sudden engine shutoff, resulting in loss of power, loss of braking, and inability to adequately maneuver in high-speed or congested driving situations;
  • Driver distraction due to sudden and unexpected engine shutoff, caused by sudden loss of power, illumination of warning lights and sounds, and loss or diminution of power brake assist;
  • Loss of maneuverability in high-speed or congested driving conditions due to unexpected loss of engine power—even when the engine does not shut off;

COMPLAINT

Barilla named in class action lawsuit over claims its products are fee of preservatives

 

The complaint on behalf of a nation-wide class of consumers claims Barilla falsely advertises certain products as having “No Preservatives” despite the fact that they contain citric acid which is being used as a preservative.

As claimed, Defendant misleadingly, illegally, and deceptively seek to capitalize on consumers’ increased interest in more nutritious foods free of additives and willingness to pay more for products perceived to meet this preference.

Products include

Barilla® Marinara Sauce

Barilla® Tomato Basil Sauce

Barilla® Mushroom Sauce

Barilla® Spicy Marinara Sauce

Barilla® Roasted Garlic Sauce

Barilla® Sweet Peppers Sauce

Barilla® Traditional Sauce

Barilla® Chunky Traditional Sauce

Barilla® Tuscan Herb Sauce

COMPLAINT

Trader Joe’s named in class action lawsuit over advertising of T’s & J’s Sour Gummies

Plaintiff files this class action lawsuit on behalf of herself and all similarly situated persons who purchased “Trader Joe’s T’s & J’s Sour Gummies.” At all times, Plaintiff believed that she was purchasing Product with only natural ingredients and/or flavors. On information and belief, Plaintiff has the understanding that the Product contains non-natural ingredients.

As alleged in the Complaint, the Defendants make false, deceptive and misleading claims regarding ingredients used in and characteristics of the Product. Defendants created and/or authorized the false, misleading, and deceptive advertisements and/or packaging and labeling for the Product that falsely claim they consist of only natural ingredients, “no artificial flavors” and conceals the fact that the Product contains DL-malic acid, a harmful artificial and synthetic flavor additive.

Complaint

Subaru named in class action lawsuit for defect in pistons, engine management system and positive crankcase ventilation in 2009-2014 Impreza WRX vehicles

 

This is a class action on behalf of owners of 2009-2014 Impreza WRX vehicles (“class vehivcles.” Subaru introduced the class engines in the United States market in late 2007 for the 2008 model year. Class engines are predisposed to premature engine failure. Class vehicles are defective with respect to improperly designed and manufactured pistons and an engine management system and PCV (positive crankcase ventilation) system that subjects class engines engine to premature catastrophic engine piston ringlands failure (the “Piston Ringlands Defect”).

WRX and WRX STi engines are high performance versions of the 2.5 liter displacement EJ series engines used in other model Subaru vehicles including but not limited to the Forrester, Legacy and Outback. These performance modifications nearly doubled the horsepower for WRX and WRX STi engines over the standard base 2.5 liter engine. These performance modifications that created substantially increased power output did not include necessary internal engine modifications to prevent damage to the piston ringlands.

Inadequate class engine piston ringland durability was caused by casting the class engine pistons from hypereutectic aluminum silicon (Al-Si) alloy. While this alloy has some strength attributes over conventional cast aluminum pistons, Al-Si pistons and in particular piston ringland are more brittle. This Al-Si materials selection and cast construction method resulted in insufficient strength pistons in class engines.

Another contributing cause to class engine failure was an inadequate PCV system that allowed excessive engine crankcase oil vapors to be introduced into the engine combustion chambers thereby lowering the overall fuel/air octane mixture. This causes increased combustion forces acting on the piston through a phenomenon know as detonation. Detonation is a well-known cause of internal engine component damage particularly including piston and piston ringland failure.

Failure of class engines due to the Piston Ringland Defect results in sudden power loss and/or stalling that severely compromises the owner’s ability to maintain vehicle control. The defective class engine components and engine management system also causes sudden an catastrophic engine self-destruction as overheated internal parts seize.

The failures in the class engines due to the Piston Ringland Defect pose a serious safety issue while the vehicle is being operated since there is loss of engine power without warning and the loss of power-assisted steering and reduced braking caused by lack of engine vacuum if the engine stalls. In class vehicles equipped with manual transmissions, the drive wheels will lock and cause loss of directional stability and steering if the engine stalls and the clutch is not immediately disengaged.

Nissan named in class action lawsuit over defective continuously variable automatic transmissions in Altima vehicles

A class action complaint was filed on behalf of owners of Model Year 2013–2014 Nissan Altima vehicles (“Subject Vehicles”) which allegedly contain defective continuously variable automatic transmissions (“CVT”) that cause shuddering, hesitation, stalling, unusual noises, and ultimately, premature transmission failure. The CVTs pose a significant safety risk. When the shuddering occurs, momentum of the Subject Vehicle is suddenly lost, the rate of speed drops or the vehicle stalls, and the brake lights do not illuminate. The defect is especially dangerous because it manifests when the driver presses the accelerator. Just when the driver attempts to accelerate, nothing occurs. This is sometimes followed by an unexpected surge of power. The CVTs increase the risk that the driver will lose control and cause a collision.

When owners of Subject Vehicles seek repair of their defective transmissions, they are routinely informed that the transmission requires replacement, at a cost upwards of $3,000. With the replacement, the vehicles are then equipped with another defective CVT, and the cycle repeats.

According to the complaint, Nissan knew the CVTs were defective in this way, were prone to shuddering, hesitation, stalling, unusual noises, and eventual premature failure yet failed to disclose these material facts to Plaintiff and other Class members. Nissan misrepresented the safety risk the Subject Vehicles pose to occupants and the public. Nissan knowingly engaged in omissions of material facts and false and misleading representations regarding the performance of CVTs in the Subject Vehicles.

As a result of Nissan’s unfair, deceptive, and fraudulent conduct, Plaintiff and the other Class members received a car worth less than as represented and less than what they paid for when purchasing their Subject Vehicles.

COMPLAINT

Hyundai named in class action lawsuit over defect in powertrain

 

Plaintiff brings this action individually and on behalf of all similarly situated persons in the United States who purchased or leased 2017 Hyundai Santa Fe vehicles that were designed, manufactured, distributed, marketed, sold and leased by Defendant Hyundai Motor America.

According to the complaint, beginning in 2016, if not before, Defendant knew that the Class Vehicles contain one or more defects that cause, among other problems, significantly delayed acceleration, loss of power, or rough shifting (“Powertrain Defect”). The Powertrain Defect has been documented to occur without warning during vehicle operation and poses an extreme and unreasonable safety hazard to drivers, passengers and pedestrians. Numerous Class Vehicle owners have reported a significant delay in the Class Vehicle’s response while attempting to accelerate from a stop and/or while cruising in situations that require the ability to accelerate rapidly (e.g., merging on to the highway, changing lanes, etc.). Other Class Vehicle owners have reported jerking, lurching, and/or engine revving associated with the delayed acceleration.

COMPLAINT

Boulder Brands named in class action alleging Glutino products are slack-filled.

California’s Fair Packaging and Labeling Act provides: “No food containers shall be made, formed, or filled as to be misleading.” (California Business & Professions Code § 12606.2(b).) “A container that does not allow the consumer to fully view its contents shall be considered to be filled as to be misleading if it contains nonfunctional slack fill.” (California Business & Professions Code § 12606.2(c).) Section 12606.2(c) defines “slack fill” as “the difference between the actual capacity of a container and the volume of product contained therein.” According to the complaint, Boulder Brands USA, Inc., maker of Glutino Gluten Free Pretzels, markets and sells its pretzel products in packaging that is 40% empty space.

COMPLAINT