6 results for 'cat:"Fraud" AND cat:"Warranty" AND cat:"Class Action"'.
J. Simmons partly grants the consumers' motion for class certification concerning consumer protection and warranty claims against a supplement company and its "natural remedies" Sambucol product, which allegedly includes "unreported dietary" ingredients that may be illegal. While California and Missouri subclasses are certified, certification for the proposed nationwide classes is denied.
Court: USDC Southern District of California, Judge: Simmons, Filed On: March 29, 2024, Case #: 3:21cv137, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, warranty, class Action
J. Kronstadt grants Mars' motion for reconsideration of a prior order and thus dismisses with prejudice the consumer's class action that Mars engaged in deceptive and false advertising of its ALTOIDS Cinnamon Mints by featuring images of cinnamon sticks and the word "CINNAMON" even though the product does not contain cinnamon. The consumer does not prove his warranty claim because the front label of the product uses the phrase "Artificially Flavored" in a smaller font next to the image of the cinnamon sticks, which lessens the chance that a consumer would genuinely believe that the product contained authentic cinnamon.
Court: USDC Central District of California, Judge: Kronstadt, Filed On: November 9, 2023, Case #: 2:22cv5617, NOS: Other Fraud - Torts - Personal Property, Categories: fraud, warranty, class Action
J. Alonso partially grants a tampon manufacturer's motion to dismiss a consumer class action that claims the company's Tampax product falsely asserts that its components are made from cotton and that it uses plant-based applicators instead of oil-based plastic applicators. The class has sufficiently alleged its deceptive practices, unfair practices and warranty claims, but not its negligent misrepresentation, unjust enrichment, or common-law fraud claims.
Court: USDC Northern District of Illinois, Judge: Alonso, Filed On: September 11, 2023, Case #: 1:22cv5036 , NOS: Other Fraud - Torts - Personal Property, Categories: fraud, warranty, class Action
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J. Vazquez partially grants the automakers' motion to dismiss the consumers' putative class action suit alleging that the automakers knowingly sold cars with likely-to-fail turbocharging systems without disclosing them. The consumers' fraud claims are dismissed, since the consumers have not pleaded sufficient facts to reasonably infer that the automakers had knowledge of the defect before the sales of the cars, and their express warranty claim fails for much the same reason. A negligent misrepresentation claim survives, since it is neither time-barred nor clearly barred by the economic loss doctrine.
Court: USDC New Jersey, Judge: Vazquez, Filed On: August 28, 2023, Case #: 2:22cv4163, NOS: Other Contract - Contract, Categories: fraud, warranty, class Action