Negligent Misrepresentation

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

Orgain “Vanilla” Almondmilk Improper Labeling Class Action

Vanilla is the only flavor with its own standard of identity in federal law. The complaint for this class action alleges that Orgain, Inc. does not properly label its Orgain Vanilla Almondmilk, because the use of the word “Vanilla” without qualification leads consumers to expect that the almondmilk is flavored only with vanilla from vanilla  Read more

Rust-Oleum Restore Products Peel, Flake, and Chip Off Class Action

Sometimes you only find out how good (or bad) a product is when you actually apply it to something. This class action brings suit against Rust-Oleum, alleging that its Restore line of wood resurfacing products do not last as long as advertised and are more prone to chipping, peeling, and flaking than comparable products.  Read more

Honest Tea “Just a Tad Sweet” Claim Class Action

Is a company responsible for something it merely implies? The complaint for this class action point to the Coca-Cola Company’s Honest Tea products, such as its Peach Tea, that display on the front the line “Just a Tad Sweet.” The complaint alleges that this implies that the products are low-sugar, something they are not permitted  Read more

USC Student-Athlete Recruit Designation Admissions Scandal Class Action

The University of Southern California (USC) was one of the schools involved in the recent college admissions scandal, with athletic personnel accepting bribes to designate certain applicants as sports recruits. This class action brings suit against the school for fraud and misrepresentations by the school, among other things, on behalf of other applicants who paid  Read more

Full Circle Market “Vanilla” Almondmilk Flavor Designation Class Action

Vanilla is a perennially popular flavor, but it is expensive and world vanilla supplies are limited. The complaint for this class action alleges that Topco, LLC improperly labels certain of its Full Circle Market brand almondmilk products as “vanilla” when it’s not entirely flavored by vanilla beans.   Read more

Mochi Mochi Labeling of “Vanilla” Mochi Ice Cream Class Action

The flavor vanilla has different labeling rules than other flavors, although sometimes mislabeling is not subtle. The complaint for this class action alleges that H Mart, Inc. has mislabeled some of its Mochi Mochi brand mochi ice cream products as having “vanilla” ice cream filling, when the flavoring is not genuine vanilla.  Read more

M&M Bars with “Vanilla” Ice Cream Deceptive Labels Class Action

The rules for the labeling of vanilla are different from those of most other flavors. The complaint for this class action alleges that Mars, Incorporated does not properly label its “vanilla” M&M’s bars.  Read more