The Litigation Counsellor®
Claims of Defamation Filed Against Netflix over Portrayal in The Queen’s Gambit
On September 16, 2021, streaming giant Netflix was served with defamation and invasion of privacy claims by 1960’s chess prodigy, Nona Gaprindashvili, who alleges that she was portrayed in a belittling and grossly sexist manner by Netflix in its popular series, The Queen’s Gambit.
In the complaint filed in the U.S District Court for the Central District of California, the plaintiff describes her career as a pioneer of women’s chess and how she became a beloved symbol of female empowerment in her native country of Georgia.
Rum Maker Sued Over Misleading Label
On September 9, 2021, class claims were filed in the Central District of California against rum producer Diageo North America, Inc. alleging that the company engages in misleading business practices with the marketing and sale of its Ron Zacapa 23 Centenario Rum (“the Product”) which the defendant promotes as being aged 23 years prior to being put on the market.
Class Claims Filed Against Jared the Galleria of Jewelers over Inflated Diamond Weights
On August 23, 2021, Sterling Jewelers Inc. the parent company of popular specialty jewelry store Jared the Galleria of Jewelry (“Jared”) was served with class claims in federal court in the Southern District of Florida alleging that it overstates diamond weights at both its brick-and-mortar locations and on its website.
In the complaint, named plaintiff Thomas Kimbro argues that Jared, which operates over 200 retail locations nationwide, systematically inflates the total weights of uncertified diamonds knowing that the average customer would have no way of knowing that the diamond weight was inflated prior to purchase.
Strawberry Pop-Tart Manufacturer Faces Class Claims Over Ingredients
On August 21, 2021, class claims were filed in the Southern District of Illinois East St. Louis Division against food giant Kellogg Sales Company alleging that the company actively misleads consumers as to the true nature of the ingredients in the brand’s popular breakfast food Frosted Strawberry Pop-Tarts (“the Product”).
Wine Label Class Action Survives Bid for Dismissal
On July 14, 2021, Northern District of California Judge Richard Seeborg issued an order denying winemaker Cooper Cane’s bid to dismiss class claims alleging that the defendant intentionally misled consumers in describing certain vintages of its pinot noir.
Dove Men + Care Stain Defense Products Prompt Class Claims Over Misleading Marketing
On May 20, 2021, class claims were filed in the Circuit Court for St. Louis County, State of Missouri against Conopco, Inc. (d/b/a Unilever), maker of Dove “Men + Care” anti-perspirants, alleging that the company engaged in false, misleading and deceptive marketing of its products.
Car Battery Warranty Spurs Class Claims Against Costco
On May 7, 2021, class claims were filed in federal court in the Southern District of Florida against superstore Costco Wholesale Corporation (“Costco”), alleging that the retail giant intentionally misled consumers as to the details of its Interstate Battery Warranty.
Gerber Facing Class Claims Over Alleged Toxicity in Baby Food
On February 5, 2021, baby food giant Gerber Products Co. (“Gerber”) was served with class claims in federal court in the District of New Jersey alleging that unbeknownst to consumers, and contrary to the representations made by Gerber, its baby food products contain heavy metals, including arsenic and cadmium.
Frito-Lay Faces Class Claims Over Baked Lays Chips
On October 19, 2020, class claims were filed against Frito-Lay Inc. in federal court in the Southern District of California by a class of consumers who allege that the defendant chip company knowingly misrepresented the true ingredients in its Baked Lays Cheddar & Sour Cream flavor chips (“the mislabeled chips”).
Class Certification Granted in Suit Against Green Mountain Coffee
On September 21, 2020, class certification was granted in federal court in the Northern District of California to a class of consumers who allege that popular Keurig single-serve coffee pod brand, Green Mountain Inc., intentionally misled consumers regarding the recyclability of its product.
Class Claims Filed Over Discoloration of Crystal Clear Sealant
On August 31, 2020, class claims were filed in federal court in Minnesota against DAP Products Inc. (“DAP”), the makers of DAP 3.0 “Crystal Clear” Kitchen, Bathroom and Plumbing Sealant, alleging that the product yellows within several weeks of being applied.
Wyndham Vacation Resorts Face Class Claims Over Timeshares
On August 26, 2020, Wyndham Vacation Resorts Inc. (“Wyndham”) was served with class claims in federal court in the District of Delaware, alleging that its timeshare ownership program employed misleading sales and marketing tactics to fraudulently induce plaintiffs to enter into sales agreements for pricy timeshares.
Class Claims Filed Against Biotech Company Over Exaggerated COVID-19 Vaccine Promises
On August 24, 2020, class claims for violations of the federal securities laws were filed in federal court in the Northern District of California against biotech company Vaxart Inc. (“Vaxart”). A group of securities holders alleged that Vaxart engaged in artificially inflating the company’s stock price by announcing false and misleading information concerning the company’s COVID-19 oral recombinant vaccine candidate.
Lawsuit Against Disney World Arises over False Drug Arrest of Grandmother
On July 29, 2020, a 69-year-old great-grandmother filed suit in Circuit Court in Orange County Florida against the Walt Disney Company, in addition to other Disney entities and employees, alleging that the defendants attempted to rob her of her physical liberty, her personal dignity and good name after she was arrested for possession of a hemp-based CBD oil while on a family trip to Disney World’s Magic Kingdom in 2019.
Class Claims Filed Over Wet Ones Hand Wipes
As the COVID-19 pandemic continues to ravage the United States, consumers are relying heavily on cleaning supplies and accompanying advertising of the products’ germ-killing capabilities. On July 31, 2020, class claims were filed in federal court in the Southern District of California against Edgewell Personal Care Company, manufacturer of the popular Wet Ones hand wipes, alleging that the defendant misled consumers in representing that the product kills 99.9% of germs.
