Negligent Misrepresentation

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

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