The Litigation Counsellor®
NJ Telecom Company Faces Class Charges Over Hidden Internet Fees
On July 10, 2020, putative class claims were filed in New Jersey federal court against RCN Telecom Services LLC (“RCN”), alleging that the telecom company engaged in a bait-and-switch and billing fraud scheme against its broadband internet customers.
3M Files Trademark Violation Claims Against Amazon Retailers Selling Fake N-95 Masks
On June 8, 2020, 3M Company (“3M”) filed trademark counterfeiting claims against Amazon sellers KM Brothers Inc., KMJ Trading Inc., Supreme Sunshine, Inc. and Mao Yu in federal court in the Central District of California Western Division. The suit alleges that the defendants took advantage of the COVID-19 global pandemic and consumers’ need for personal protection equipment (“PPE”) by selling counterfeit 3M branded N-95 masks.
Reese Witherspoon’s Company Sued for Claims of Scam Promotion
On June 4, 2020, a group of teachers filed proposed class action claims against actress Reese Witherspoon and her clothing company, Draper James, claiming a promotion that promised free dresses to teachers nationwide allegedly deceived entrants into providing the defendants with sensitive personal information.
CBD Maker Faces Class Claims for Overstating Active Ingredient
On May 29, 2020, CBD company Just Brands USA Inc., known more commonly as JustCBD, was served with putative class claims in federal court in the Central District of California by a group of dissatisfied customers who allege that the company has been selling CBD products that contain less of the active ingredient than stated on its packaging.
Class Claims Filed Against Old Navy Over Alleged False Sale Prices
On February 11, 2020, class claims were filed in New Jersey Superior Court against popular fashion retailer, Old Navy and its outlet store, alleging that the store engaged in a uniform policy of displaying fictitious purported “original” prices, as well as false “sale” prices and percentage-off discounts in advertising, marketing, and sale of apparel in stores.
Class Claims Filed Over Protein Bar Containing Misleading Nutritional Information
On January 2, 2020, chocolate manufacturer Hershey Co. and its newly acquired subsidiary, One Brands, were served with putative class claims in federal court in the Southern District of California, alleging that the defendants’ had engaged in deceptive marketing, advertising and labeling of its ONE protein bars.
Mars Faces Class Action over M&M Ice Cream Bars
On November 23, 2019, Mars Inc., makers of the popular M&M brand ice cream products, is facing class claims in federal court in the Southern District of New York over allegations that it mislabels the flavoring of its ice cream treats and is in essence committing “food fraud.”
Burger King’s Impossible Whopper Faces Class Claims that Product isn’t Vegan
On November 18, 2019, was with class action claims were filed in federal court in the Southern District of Florida, against fast-food giant Burger King, alleging that the restaurant’s new meat alternative “Impossible Whopper” burgers are not truly vegan.
Cosmetic Company agrees to $3.3M Settlement in False Advertising Suit
On August 13 2019, cosmetic company Younique agreed to a $3.25 million settlement, ending class action claims alleging that the company falsely marketed its mascara product as containing “natural fibers.” The settlement fund’s purpose is to make payments to customers in 11 states who bought the “Moodstruck 3D Fiber Lashes” between 2012 and 2015 based upon the assumption Younique used natural fibers in the production of the lashes.
JUUL Facing Class Claims For Targeting Teens
On July 19, 2019, a group of young adults filed suit against the popular vape pen manufacturer, JUUL, in California state Superior Court, County of San Francisco, alleging that the company targets nonsmoking youth with their marketing tactics in order to create a new generation of life-long nicotine addicts.
Ford Faces Class Claims over Inaccurate Emissions Ratings
On July 22, 2019, American automotive giant Ford Motors Co. was hit with a staggering $1.2 billion putative class action lawsuit in Michigan federal court alleging that Ford manipulated its coastdown testing and used inaccurate drag and resistant figures to boost the vehicles’ EPA mileage ratings, making the vehicles more appealing to potential buyers.
$2.5 Million Settlement Granted Preliminary Approval in Seagram’s Ginger Ale Class Action
On June 13, 2019, California federal court Judge Edward J. Davila granted preliminary approval for a $2.5 million settlement between The Coca-Cola Co. (“Coca-Cola”) and a proposed class of consumers who accused Coca-Cola of misleading consumers as to the true ingredients of its popular Seagram’s Ginger Ale products.
L’Oreal Keratin Shampoo Spurs Class Claims
On May 14, 2019, cosmetics giant L’Oreal USA Inc. (“L’Oreal”) was served with class claims in federal court in the Southern District of New York by consumers who allege that the company intentionally mislead consumers as to the true ingredients in L’Oreal Ever Sleek Keratin Caring products.
Amazon Loses Bid to Dismiss William-Sonoma Claims of Trademark Dilution
On May 2, 2019, federal judge for the Northern District of California Elizabeth D. Laporte, rejected defendant Amazon.com Inc.’s (“Amazon”) bid to dismiss claims that the online retail giant has infringed upon and diluted Williams-Sonoma’s service mark and engaged in unfair competition by marketing Williams-Sonoma products for resale on its website.
Makers of Arizona Green Tea Face Class Claims Over Ginseng Levels
On April 3, 2019, litigation was commenced against the makers of the popular iced tea brand, Arizona Tea, in federal court in the Eastern District of New York, alleging that the company intentionally misled consumers as to the true ingredients of its Green Tea with Ginseng and Honey.
