The Litigation Counsellor®
TGI Friday’s Face Class Claims Over Mislabeled Potato Skins
On March 27, 2019, popular American chain restaurant TGI Friday’s Inc. (“Friday’s”) was served with class claims in New York federal court alleging that the brand intentionally misleads and deceives health-conscious consumers into believing that Friday’s “Potato Skins” snacks actually contain real potato skins.
Rival Beer Companies Face Off Over Super Bowl Ad
On March 21, 2019, American beer giant Miller Coors LLC, filed suit against rival brewing company Anheuser-Busch in federal court in the Western District of Wisconsin alleging that Anheuser-Busch premiered a false and intentionally misleading advertising campaign during the 2019 Super Bowl. Plaintiff claims that the ad deceived consumers into believing they were consuming corn syrup and high fructose corn syrup (“HFCS”) when drinking Miller Lite and Coors Light beers.
$9 Million Settlement Granted Approval in Protein Shake Class Action
On January 17, 2019, U.S. District Judge for the Southern District of New York, Analisa Torres, granted approval of a $9 million settlement between a class of consumers and Premier Nutrition Corp., the manufacturer of Premier Protein shakes.
$2.3 Million Settlement Awaiting Approval in Shampoo Class Action
On October 19, 2018, a proposed class of consumers who purchased Sexy Hair Concepts shampoos from Ulta Beauty stores asked Massachusetts Judge F. Dennis Saylor to grant approval for a $2.3 million settlement.
Starbucks Sued Over Mislabeled White Chocolate Energy Drink
On October 8, 2018, coffee giant Starbucks was served with a proposed class action suit in Manhattan federal court alleging that the company deliberately misled customers as to the true nature of the ingredients in its Starbucks White Chocolate Doubleshot Energy Drinks.
Class Claims Filed Against Ikea over Misleading Coupon
On September 13, 2018, a disgruntled customer of the Swedish furniture company, Ikea, filed a proposed class suit against the company in federal court in the Eastern District of Pennsylvania. The complaint alleges that Ikea intentionally misled customers as to the company’s return policy when the transaction included the use of an Ikea coupon.
Baby Formula Giant Fails in Bid to Dismiss Class Claims of Fraudulent Marketing
On August 14, 2018, Illinois federal court Judge John J. Tharp denied a bid by well-known baby food manufacturer, Gerber Products Company, to dismiss class claims that allege the company fraudulently marketed its Good Start Gentle (“GSG”) infant formula as able to actively reduce the risk of developing allergies to cow’s milk and decrease incidences of atopic dermatitis (also known as eczema).
$5.25 Million Settlement Reached in Dr. Oz-Promoted “Miracle” Diet Supplement
On June 15, 2018, well-known television personality Dr. Mehmet Oz, along with the producers of his hit television show, ZoCo Productions LLC and Harpo Productions Inc., agreed to a $5.25 million settlement to end class claims alleging that Dr. Oz made misrepresentations regarding the quality, effectiveness and sponsorship of weight-loss supplements featured on The Doctor Oz Show.
Tesla Agrees to $5.4M Payout for Faulty Autopilot and Safety Software
On May 25, 2018, Tesla and a class of Model X and Model S vehicle owners who purchased Tesla’s Enhanced Autopilot asked a California federal court to preliminarily approve a $5.4 million settlement that would put an end to a putative class action. The suit alleges that the company delay in releasing Enhanced Autopilot and corresponding safety features was a violation of California’s Unfair Competition Law, Consumers Leal Remedies Act and False Advertising Law.
$2.5 Million Settlement Reached in Under-filled Candy Boxes Suit
On May 10, 2018, a $2.5 million settlement was reached between candy manufacturing giant Ferrara Candy Co. and a putative class of dissatisfied candy lovers who claimed that the defendant included excess non-functional empty space or “slack-fill” in the opaque “theater boxes” of candy manufactured by the company.
Class Claims Filed over Deceptively-Branded Coffee
On May 8, 2018, putative class claims were filed against popular coffee brand New England Coffee Co. (“New England”) and its parent company Reily Foods Co., alleging that the defendants deceptively marketed New England’s Hazelnut Crème coffee.
$2.9 Million Settlement Reached in Neiman Marcus Last Call Pricing Class Action
On April 20, 2018, a $2.9 million settlement agreement was submitted to California federal Judge S. James Otero for approval regarding a class action suit which alleged that luxury retailer Neiman Marcus intentionally misled customers who shopped at its outlet store, Last Call, by listing item prices as “compared to” a higher price.
Trader Joe’s Faces Class Claims over Fruit Bar Ingredients
On April 16, 2018, organic food grocery store chain Trader Joe’s Co. and its subsidiary, Trader Joe’s East Inc., were served with a proposed class action suit alleging that the company is misleading consumers as to the true ingredients of its popular fruit bars.
$7 Million Settlement Reached in Olive Oil Labeling Class Action
On April 3, 2018, a $7 million settlement was reached between Deoleo USA Inc., the makers of the popular Bertolli Italian food brand, and a class of plaintiffs who accused the company of misleading consumers with the packaging of Bertolli olive oil.
Popular Dog Food Accused of Containing Toxic Ingredient
On March 16, 2018, putative class claims were filed against Big Heart Pet Brands Inc., makers of popular canned dog food Kibbles ‘n Bits, alleging that the company purposefully mislead the public by labeling its product as safe for pets although recent samples of the product were found to contain ingredients toxic to pets.
