9 results for 'cat:"Product Liability" AND cat:"False Advertising"'.
J. Gonzalez Rogers finds in favor of Plum, a baby food products company, over class claims from consumers who say the company hid the fact that its baby food has trace amounts of toxic metals. The presence of heavy metals in the food supply, baby foods included, has been the subject of media coverage for years prior to this lawsuit and others like it, meaning Plum was not the keeper of any "exclusive knowledge" that it had to disclose on the packaging. Plum has even said as much on its website.
Court: USDC Northern District of California, Judge: Gonzalez Rogers, Filed On: March 28, 2024, Case #: 4:21cv913, NOS: Other Fraud - Torts - Personal Property, Categories: Consumer Law, product Liability, false Advertising
J. Sammartino dismisses in part the consumer's complaint alleging that the food manufacturer falsely advertised that its product contains a natural form of malic acid even though the label lists a form of DL malic acid that is an ingredient derived from "petrochemicals." The consumer's claims for equitable relief are dismissed because he has not pleaded that he lacks an adequate remedy at law. However, it is plausible to infer based on the consumer's complaint that all flavors of the company's product contain artificial DL malic acid, so the claims will not be dismissed on these grounds.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: November 8, 2023, Case #: 3:23cv220, NOS: Contract Product Liability - Contract, Categories: product Liability, Class Action, false Advertising
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J. Jenkins partially denies two food companies’ motion to dismiss, for failure to state a claim and for lack of subject matter jurisdiction, and their motion to strike class allegations in a deceptive labeling lawsuit brought by a consumer. One of the firms is Wahlburgers, owned by the celebrity brothers Donnie, Paul and Mark Wahlburg. The consumer says three dill pickle-flavored snacks are misleadingly labeled as “Fresh,” “All Natural” and contain “No Preservatives.” The consumer failed to provide pre-suit notice on his warranty claim and it is stricken. Whether the consumer may sue on behalf of a class of consumers will be decided when class discovery is completed.
Court: USDC Northern District of Illinois, Judge: Jenkins, Filed On: November 3, 2023, Case #: 1:23cv236, NOS: Other Fraud - Torts - Personal Property, Categories: product Liability, Class Action, false Advertising
J. Anello rules a class of consumers may pursue fraud claims against a nutrition company that sells a dietary supplement called Keto K1000 powder. The consumer sufficiently alleges that the nutrition company mislabeled its products as containing "nothing artificial," when they actually contain DL malic acid, a synthetic substance derived from petrochemicals, and that he would not have purchased the product had he known the truth.
Court: USDC Southern District of California, Judge: Anello, Filed On: July 7, 2023, Case #: 3:23cv216, NOS: Contract Product Liability - Contract, Categories: Consumer Law, product Liability, false Advertising
J. Hurd preserves the majority of claims asserted in a putative class action false advertising lawsuit brought against Colgate-Palmolive, the household consumer products manufacturer. The court finds the litigants sufficiently allege customers of its EltaMD-brand premium sunscreen products could be led to believe, from the products' front labeling to their respective store pages on Amazon, that zinc oxide was the sole active ingredient.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: June 15, 2023, Case #: 5:22cv1294, NOS: Other Fraud - Torts - Personal Property, Categories: product Liability, Class Action, false Advertising