Negligent Misrepresentation

Chobani “Fair Trade” Misleading Certification Florida, New York Class Action

Chobani, LLC yogurt products bear a badge or seal that says, “Fair Trade Certified Dairy.” What does that represent? The complaint for this class action alleges that this is a sham certification that is meant to attract consumers with the idea of a sense of fairness even as workers are not treated well.  Read more

Affirm “Buy Now, Pay Later” Misrepresentations New York Class Action

Affirm Holdings, Inc. offers consumers “buy now, pay later” (BNPL) plans through partnerships with brick-and-mortar stores. Under these Affirm plans, customers buy merchandise, then make multiple payments until they have paid off the item. But these kinds of payment plans have disadvantages to customers as compared to credit cards, including an inability to return merchandise,  Read more

CoolSculpting Can Cause Deformed Tissue Class Action

How would you feel if you bought a noninvasive fat-reducing device and then found out that using it caused a “deformity” that could only be removed by invasive surgery? The complaint for this class action alleges that AbbVie, Inc.’s CoolSculpting Device can create a condition known as Paradoxical Adipose Hyperplasia (PAH) or Paradoxical Hyperplasia (PH)  Read more

Victim Services Unlawful Bad Check Fees Settlement

This settlement resolves a class action against National Corrective Group, Inc., Victim Services, Inc., American Justice Solution, Inc., Birch Grove Holdings, Inc., Mats Jonsson, and Karl Thomas Jonsson. The complaint claims that these defendants use of a California District Attorney letterhead and charges of certain fees, in connection with bounced checks, violated the Fair Debt  Read more

BC Kombucha Contains Significant Levels of Alcohol Class Action

Kombucha as an alcoholic beverage? The complaint for this class action brings suit against MAD at S.A.D., LLC, which does business as Kombucha 221 BC, for the levels of alcohol in its flavored tea drinks, alleging that some of its drinks contain over twice as much alcohol as is permitted in in non-alcoholic drinks.  Read more

LinkedIn Incorrect Metrics for Advertising Class Action

LinkedIn Corporation makes money by displaying ads on its website. Central to this business is giving advertisers a way to judge the performance of their ads, and for this LinkedIn offers an interface called Campaign Manager. LinkedIn has announced it has found flaws in certain of Campaign Manager’s metrics and has issued credits to advertisers  Read more

Quest Nutrition “White Chocolate” Protein Bars New York Class Action

Quest Nutrition, LLC makes protein bars. One of the flavors offered is “White Chocolate Raspberry.” The complaint for this class action alleges that this product is deceptively advertised and labeled, because it does not contain real white chocolate. The complaint alleges violations of New York’s General Business Law, negligent misrepresentation, fraud, and breaches of warranties,  Read more

Instagram Lotteries to Increase Followers Class Action

The social media platform Instagram is part of the Facebook empire. Instead of “Friends,” those with Instagram accounts count “Followers.” This class action brings suit against Jamie Barbary, also known as Jamie Engelhardt, or Engelhardt & Co., LLC, alleging that he or his company runs illegal lotteries to increase the number of Instagram followers.  Read more

Blue Diamond Growers “Smokehouse” Almonds Deceptive Labels Class Action

If a food product is labeled as having a “smokehouse” flavor, does that mean it has actually been smoked? Should it mean that? According to the complaint for this class action, Blue Diamond Growers “Smokehouse” Almonds are deceptively labeled because they do not get their characterizing flavor from actual smoking but from added flavoring.  Read more

Organic 365 “Vanilla” Rice Milk Labeling Class Action

Whole Foods Market Group, Inc. produces food and beverages under the Organic 365 brand, including a “vanilla” rice milk drink. The complaint for this class action alleges that the designation of this drink as “vanilla,” without any qualifications, means that the rice milk is flavored exclusively with vanilla from vanilla beans—something the complaint also alleges  Read more