The Litigation Counsellor®

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$2.5 Million Settlement Reached in Under-filled Candy Boxes Suit

Elizabeth DiNardo, Esq. | Associate Counsel

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

Elizabeth DiNardo, Esq. | Associate Counsel

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.

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

Elizabeth DiNardo, Esq. | Associate Counsel

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

Elizabeth DiNardo, Esq. | Associate Counsel

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.

Class Claims Filed Against Whole Foods For Mislabeling B12 Vitamins

Elizabeth DiNardo, Esq. | Associate Counsel

On January 18, 2018, proposed class claims were filed against organic grocery store chain, Whole Foods, in California Superior Court. Plaintiffs in the suit allege that the company has been including an excessive amount of vitamin B12 in Whole Foods’ house brand of liquid vitamin B supplements. Named plaintiff, Matthew Palmer, argues in the complaint that if consumers had known the actual amount of vitamin B12 per serving they would not have purchased or consumed the products and accuse Whole Foods of a lack of quality control.

On October 20, 2017, popular retail giant Target Corp. was hit with a proposed class action suit alleging that the company has been purposefully misleading customers about the quality of its furniture line. Specifically, named plaintiff, Shana Harris, claims that Target markets certain pieces of its house brand furniture line as genuine leather when in reality the pieces are constructed of synthetic low-quality material made to imitate high-end leather products.

In California federal court on Monday, June 5, 2017, The Honest Company Inc. (“Honest”), Jessica Alba’s home products line, agreed to pay $1.55 million to resolve multidistrict litigation claims that Alba’s company falsely advertised that its products were free of harsh chemicals.

On May 9, 2017, a proposed class action lawsuit was filed in California federal court against the Vitamin Shoppe Inc. accusing the company of knowingly misleading consumers with the labeling of weight loss supplements. Plaintiffs claim the product in question has been scientifically proven to have no effect on weight loss.

Sprint Hit With Class Action Over Deceptive Promotional Practices

Elizabeth DiNardo, Esq. | Associate Counsel

On February 13, 2017, a dissatisfied customer filed a proposed class-action lawsuit against telecommunications giant, Sprint Communications, Inc., in California federal court alleging that the company intentionally deceived customers into signing up with Sprint using it’s alluring “cut your bill in half” promotion.