Class Action Opportunities

Burt’s Bees, Inc. “2-in-1 Tearless Shampoo & Conditioner for Puppies” and “Burt’s Bees Oatmeal Shampoo for Dogs”: Burt’s Bees claimed these products were 99.7% Natural when at least 15% of the product consists of synthetic chemicals.

Blossom Nature Inc. Full Spectrum™ St. John’s Wort Extract:  Blossom Nature Inc. marketed, advertised, and sold Full Spectrum™ St. John’s Wort Extract as “natural antidepressant hypercin” and they provide “get the best treatment for depression, anxiety and stress with Blossom Nature’s St. John’s Wort.” This advertising and labeling is deceptive because it is “not generally recognized as safe and effective for the above referenced uses.” 

Clinique Redness Solution Cosmetics: Looking for purchasers of Clinique Redness Solution Cosmetics, which are being marketed as cosmetics containing “probiotic technology.” These Cosmetics do not contain probiotics. 

Snack Pack “Chocolate Fudge” Pudding: Snack Pack Chocolate Pudding is not made with real milk as the company claims. The FDA defines milk as 3.25 percent milkfat and 8.25 percent nonfat milk solids. Ultimately, nonfat milk is unable to provide the “equivalent organoleptic experience” offered by whole milk. In this case, the fat content in the product comes from vitamin- and mineral-deficient palm oil, which the case says is used as “a lower cost replacement” for the milkfat in whole milk.

Dannon’s “Dannon Vanilla Lowfat and whole milk and the Oikos Triple Zero line” : These Products are misleading because despite being labeled as “Vanilla,” they have less vanilla flavor derived from vanilla beans than their name suggests. Dannon Vanilla lowfat and whole milk and the Oikos Triple Zero line.

Scott’s Miracle-Gro Co and The Scott’s Company LLC’s “Scotts Turf Builder EZ Seed”: Product Scotts Turf Builder EZ Seed was uniformly represented as causing grass to grow “50% THICKER WITH HALF THE WATER” compared to “ordinary seed” and that the Product “Grows Anywhere! Guaranteed!”.

Walgreen Co’s “Nice!” brand: Walgreen manufactures, distributes, markets, labels and sells cracker products purporting to be sweetened primarily with honey and containing a predominant amount of whole grain graham flour under the Nice! Brand. Nice! representations convey that honey is the exclusive, primary and/or significant sweetener. The relevant front and back label statements include a statement of identity, “Honey Grahams,” image of a golden-brown crackers, “Made with Real Honey”, “Crackers”, “Simple•Honest•Delicious” and “Nice!.” However, the Nice! products are sweetened primarily with sugar and contain only miniscule amounts of honey.

Iovate Health Sciences’ “Muscletech” brand: This is a class action lawsuit against Iovate for selling a defective dietary supplement product, Platinum 100% BCAA18:1:1(“Platinum BCAA” or the “Product”), through its Muscletech brand which purports to “Promote Muscle Protein Synthesis,” “ensure that your muscles are primed for muscle building,” and provide the user with the “key building blocks of muscle.” But, based on independent, peer-reviewed research, BCAA supplements decrease muscle protein synthesis and are wholly incapable of building muscle on their own.

Kellogg’s “Keebler’s Original, Honey, Cinnamon, and Fudge ‘Graham Crackers’”: The Keebler brand original, honey, cinnamon, and fudge with representations as “graham(s)crackers” is misleading, false, deceptive and unfair because it creates an erroneous impression that graham flour is the predominant or exclusive flour component, as opposed to white flour. Graham flour is type of whole wheat flour and is a coarse-ground, “unbolted” flour, made from the whole grain–endosperm, germ, and bran.

NV Nutrition LLC “Nutriair vaping pens”: Nutriair vaping pens are labeled and advertised as “safe” and “nutritional” when in fact they put consumers at risk of lung disease and a plethora of other horrific illnesses. The Product is unsafe and causes harmful side effects, many of which are worse than those caused by smoking cigarette.

Nestlé Dreyer’s Ice Cream Company’s “Dreyer and Edy’s Brands”: Nestle’s manufactures, distributes, markets, labels and sells ice cream products labeled as types of vanilla ice cream under the DREYER’S and the EDY’S (1) Edy’s Classics(full fat), (2) Slow Churned(half fat),(3)Slow Churned, No Sugar Added(half fat, no added sugar),(4)Slow Churned, Triple-Filled(half fat, with three “cores” of chocolate fudge and caramel) and (5) Slow Churned, Limited Edition(half fat, seasonal and unique flavor combinations, i.e., Frozen Hot Chocolate) By law, vanilla refers to “the total sapid and odorous principles extractable from one unit weight of vanilla beans. The Products are misleading because despite the expectation their flavoring is exclusively derived from vanilla beans, the ingredient lists reveal otherwise.

Under Armour “UA RUSH” athletic clothes: Under Armour falsely advertises its “UA Rush” line of athletic apparel as “the fabric version of an infrared sauna” and able to recycle the body’s energy during performance, but there is no way that the apparel can provide wearers with the performance-enhancing effects touted by the company because the type of infrared energy supposedly recycled by the gear is incapable of penetrating human tissue.

Palmolive “Clear+Pure:  The packaging for the Pure + Clear Products misrepresents that the products will benefit consumers because they are not likely to cause, or reduce the provocation or likelihood to cause, an allergic or irritating reaction, and are therefore superior to other products on the market. However, The Pure + Clear Products contain methylisothiszolinone (2-methyl-4-isothiazolin-3-one, or “MI”), a powerful biocide used for controlling microbial growth in water-containing solutions. MI has been linked to what is called an “epidemic” of painful skin allergies, including rashes, blistering, swelling, redness, and hives.

Agora Marketing: Looking for clients who purchased one of three books: 1) The Doctor’s Guide to Reversing Diabetes in 28 Days; 2) Lifetime Income Report or 3) Congress’ Secret $1.17 Trillion Giveaway. The Doctor’s Guide claims that it can permanently cure type 2 diabetes in 28 days, without requiring dietary changes or exercise. The Lifetime Income Report and Congress’ Secret $1.17 Trillion Giveaway provides that consumers are legally entitled to collect hundreds to thousands of dollars in “Congressional Checks” or “Republican Checks.” They claim that the book is “free,” but require consumers to pay a “small shipping fee of $4.95” and then automatically enroll consumers with 30 days to cancel before charging them $99 for an annual subscription. In addition, Congress’ Secret $1.17 Trillion Giveaway does not provide instructions on how to obtain money from Congressional Checks or Republican Checks or how consumers can get on the “list of check payees.”

Nissan Altima 2015: The 2015 Altima’s suffer from a dangerous defect. Specifically, the occupant classification system (“OCS”) software in the 2015 Altima, as well as other models and years of Nissan vehicles, may incorrectly classify the front passenger seat as empty when it is occupied by an adult passenger, or classify the adult passenger as a child. In both instances, this issue may cause the passenger airbag not to deploy as designed in a crash, increasing the risk of injury to the front passenger seat occupant. In March 2014, Nissan admitted that the OCS software suffered from a dangerous defect and issued a recall campaign (the “2014 Recall”) to reprogram the OCS ECU in affected vehicles manufactured prior to March 2014. The 2014 Recall, however, still did not fix the OCS defect in the Recalled Vehicles.

Murad Clarifying Oil-Free Water Gel products: Murad’s Clarifying Oil-Free Water Gel products are mislabeled as oil-free and in fact contain oils. 

Harbor Freight Tools, USA “Pittsburgh Automotive”: Harbor Freight sells automotive jack stands branded as “Pittsburgh Automotive” which are defective because they do not lock and have been recalled. (The products are IDs 61197, 56371,61196, 56373, 56357, 61627, 91760)

The CBD Skincare Co.: The CBD Skincare Co. markets the following products as “Naturally Healing”--- The CBD Skincare Co. CBD Infused 100mg Exfoliating Cleanser Concentrate; The CBD Skincare Co. CBD Infused Conditioner; The CBD Skincare Co. CBD Infused Shampoo; The CBD Skincare Co. CBD Infused Lavender & Eucalyptus Muscle Rub; The CBD Skincare Co. Black Magic Woman Body Bar; The CBD Skincare Co. Harvest Moon Body Bar; The CBD Skincare Co. Citrus Lavender Body Bar; The CBD Skincare Co. Purple Haze Body Bar; The CBD Skincare Co. Green Power Body Bar; The CBD Skincare Co. Crème de la Terre; The CBD Skincare Co. CBD Infused Shea Butter Foot & Body Therapy; The CBD Skincare Co. Shea Honey Oat Body Bar; The CBD Skincare Co. Lavender Body Bar; The CBD Skincare Co. Peppermint Leaf Body Bar; The CBD Skincare Co. Lemongrass Tea Body Bar; The CBD Skincare Co. Oatmeal Spice Body Bar.

Caveman Foods, LLC: Caveman Foods manufactures, distributes, advertises, sells and represents that the following products are “PALEO”:  Paleo Caveman Nutrition Bars (Dark Chocolate Almond Coconut); Paleo Caveman Nutrition Bars (Dark Chocolate Caramel Cashew); Paleo Caveman Nutrition Bars (Dark Chocolate Cashew Almond); Paleo Caveman Nutrition Bars (Dark Chocolate Cherry Nut); Paleo Caveman Nutrition Bars (Dark Chocolate Almond Coconut Minis); Paleo Caveman Nutrition Bars (Dark Chocolate Sea Salt); Paleo Caveman Protein Bars (Chocolate Salted Caramel); Paleo Caveman Protein Bars (Salted Almond Butter); Paleo Caveman Protein Bars (Chocolate Almond Butter); Paleo Caveman Protein Bars (Double Dark Chocolate); Paleo Caveman Collagen Bars (Chocolate Walnut); Paleo Caveman Granola Bars (Blueberry Almond Grain free); and Paleo Caveman Granola Bars (Cinnamon Raisin Grain Free). On the back of the Products, Caveman discloses in tiny fine print that that it incorporates agave syrup in the Products. As such, these products are within the Paleolithic diet and/or Paleo based diet.

Remwood Products Co.’s “Grandma’s Pure & Natural Products”: Defendant manufactures, sells, and distributes the products using a marketing and advertising campaign centered around claims that appeal to health-conscious consumers, i.e., that their Products are “Pure & Natural;” however, Defendant’s advertising and marketing campaign is false, deceptive, and misleading because the following products contain non-natural, synthetic ingredients-- Grandma’s Pure & Natural Winter Hand Soother; Grandma’s Pure & Natural Hand Soother Non-Greasy Formula for Quilters & Crafters; Grandma’s Pure & Natural Hand Soother Non-Greasy Knitters & Crocheters; Grandma’s Pure & Natural Hand Crafted Herbal Soap Bay Rum; Grandma’s Pure & Natural Hand Crafted Herbal Soap Egyptian Drago; Grandma’s Pure & Natural Hand Crafted Herbal Soap Frankincense & Myrrh; Grandma’s Pure & Natural Hand Crafted Herbal Soap Moroccan Spice; Grandma’s Pure & Natural Hand Crafted Herbal Soap White Patchouli; Grandma’s Pure & Natural Hand Crafted Herbal Soap Honeysuckle; Grandma’s Pure & Natural Hand Crafted Herbal Soap Jasmine; Grandma’s Pure & Natural Hand Crafted Herbal Soap Lavender Mint; Grandma’s Pure & Natural Hand Crafted Herbal Soap Lemongrass; Grandma’s Pure & Natural Hand Crafted Herbal Soap Mayan Gold; Grandma’s Pure & Natural Hand Crafted Herbal Soap Oatmeal, Milk & Honey; Grandma’s Pure & Natural Hand Crafted Herbal Soap Sandalwood Vanilla; Grandma’s Pure & Natural Hand Crafted Herbal Soap Georgia Peach; Grandma’s Painter Special Conditioning Soap Natural Bristle Conditioner; Grandma’s Pure & Natural Grime Away Pure Soap; Grandma’s Pure & Natural Rub-On Laundry Stain Stick; Grandma’s Pure & Natural Pet Soap; Grandma’s Pure & Natural Poison Ivy & Oak Bar; Grandma’s Pure & Natural Shampoo & Shave Bar; Grandma’s Pure & Natural Beauty Bar Lavender/Oatmeal; Grandma’s Pure & Natural Beauty Bar Almond/Oatmeal; Grandma’s Pure & Natural Acne Bar Normal Skin; Grandma’s Pure & Natural Acne Bar Oily Skin; and Grandma’s Pure & Natural Face & Body Pure Soap Best For Sensitive Skin.

Hornell Brewing Co., Inc. AriZona beverage products: AriZona beverages falsely labels and advertises its AriZona products, including but not limited to, AriZona Kiwi Strawberry Fruit Juice Cocktail, Lemonade Fruit Juice Cocktail, Mucho Mango Fruit Juice Cocktail, Fruit Punch Fruit Juice Cocktail, Orangeade, Grapeade, Lemonade Drink Mix, Golden Bear Strawberry Lemonade, and Rx Energy as being "All Natural," when in reality, they contain added coloring, including but not limited to "beta carotene," "fruit and vegetable juices", "annatto," and "vegetable juice."

Lifetech Resources LLC d/b/a Skin Research Laboratories: Lifetech Resources LLC’s lash and brow enhancing serums, neuLASH®(“neuLASH”) and neuBROW®(“neuBROW”) are deceptively labeled and marketed as safe, but they fail to disclose the serious and potentially harmful side effects linked to an ingredient contained in the Products.

The Price Chopper, Inc. “Vanilla with Other Natural Flavors” PICS brand: Price Chopper, Inc. manufactures, distributes, markets, labels and sells lowfat yogurt labeled as “Vanilla With Other Natural Flavors” with a picture of vanilla beans and a vanilla flower under its PICS brand. If reasonable consumers were to investigate the “Vanilla With Other Natural Flavors” statement on the front label by scrutinizing the ingredient list on the back, they would still be unaware that the product contained artificial flavors and not natural flavors. 

Rubbermaid Inc. “Qt. Marine Chest Cooler and DuraChill Wheeled 5-Day Cooler”: 

Rubbermaid defines “ice retention” as the amount of time by which there will be no ice remaining in the cooler. Marine Cooler sold by Lowes, Home Depot, Amazon, and Walmart claim that it keeps ice up to 5 days at 90 degrees and DuraChill Cooler states it will retain ice for 5 days. There are no qualifiers. 

Rust-Oleum Corp. “RainBrella”: Rust-Oleum marketed and sold RainBrella with packaging statements such as: “Lasts 2X Longer” and “Lasts over 100 carwashes. Rust-Oleum’s statements that its RainBrella product “Lasts 2X Longer” and “Lasts over 100 car washes” are false and misleading. 

Lamb Weston, Inc. “Alexia” brand: Lamb Weston produces Alexia Sweet Potato Fries With Sea Salt; Alexia Crinkle Cut Sweet Potato Fries With Sea Salt and Black Pepper; Alexia Chipotle Seasoned Spicy Sweet Potato Fries; Alexia Waffle Cut Sweet Potato Seasoned Fries; Alexia Crispy Bite-Size Sweet Potato Puffs; Alexia Rib Cut BBQ Sweet Potato Fries; Alexia Crispy Rosemary Fries With Sea Salt; Alexia Seasoned Waffle Cut Fries as “all natural,” when the products are not because they contain “Xanthan Gum, which is a synthetic, unnatural substance.

Batten Indus. Inc. “All Natural Nellie’s” Products:  Batten misleadingly labels Its “Nellie’s All Natural” products Nellie’s All-Natural Laundry Soda; Nellie’s All-Natural Automatic Dish Nuggets; Nellie’s All-Natural All-Purpose Cleaner; Nellie’s All-Natural Shower & Bath Cleaner; Nellie’s All-Natural Toilet Bowl Cleaner; Nellie’s All-Natural Automatic Dish Powder; Nellie’s All-Natural Laundry Nuggets; Nellie’s All-Natural Oxygen Brightener; Nellie’s All-Natural Wow Stick; Nellie’s All-Natural Baby Laundry; Nellie’s All-Natural One Soap as “All-Natural,” despite the fact that they all contain non-natural ingredients eg synthetic and toxic ingredients.

Odwalla, Inc./Coca Cola Co.: Odwalla produces juices, smoothies, and protein shakes that provide “No Added Sugar.”  This is misleading because it implies that other similar products do have added sugar and are therefore less healthy and masks the fact that the Products already contain large amounts of sugar.

Amplify Snack Brands, Inc.’s “Paqui Roasted Jalapeño Tortilla Chips” and “Paqui Grilled Habanero Tortilla Chips”: Defendant lists Evaporated Cane Juice (“ECJ”) as an ingredient in these tortilla chips. ECJ is not juice at all—it is sugar in disguise. By mislabeling sugar as ECJ and claiming the Products contain 0 grams of sugar, Amplify misleads consumers into thinking the Products have less sugar than they actually contain and/or do not contain added sugar at all.

The Clorox Company “Green Works” Products: Clorox claims that the products Green Works® Multi-Surface Cleaner; Green Works® Multi-Surface Cleaner Lemon Scent; Green Works® Bathroom Cleaner; Green Works® Stain Remover & Bleach; Green Works® Compostable Cleaning Wipes; Green Works® Compostable Cleaning Wipes Water-Lily Scent; Green Works® Dishwashing Liquid; Green Works® Dishwashing Liquid Water-Lily Scent; Green Works® Dishwashing Liquid Free & Clear Scent; Green Works® Laundry Detergent Original; Green Works® Laundry Detergent Free & Clear Scent; Green Works® Toilet Bowl Cleaner are “natural” and “naturally derived.” But the Products all contain synthetic and non-natural ingredients. 

Stearns Products d/b/a Derma E:Stearns sells markets and distributes its Derma E brand from creams to wipes as “natural”, but this is false and misleading because they contain synthetic ingredients. 

Newman’s Own, Inc. “Pasta Sauce”: Newman’s Own has fraudulently, misleadingly and deceptively represented its Newman’s Own Pasta Sauce as “All-Natural” when it contains citric acid a non-natural chemically processed ingredient. 

Whole Foods Market Group, Inc. “Lemon Raspberry Italian Sparkling Mineral Water” 1 Liter Bottle: Whole Foods manufactures, distributes, markets, labels and sells “Lemon Raspberry Italian Sparkling Mineral Water”, represented as containing real lemons and real raspberries. This is false, deceptive and misleading because the Product lacks an appreciable amount of these ingredients.

Nestlé USA, Inc. “Coffee-mate” and “Natural Bliss” natural vanilla Almond milk and Oat milk Creamer: Nestle manufactures, markets, labels and sells non-dairy – almond milk and oat milk – coffee creamers under its Coffee-mate, Natural Bliss brand, purporting to be “all natural” and flavored mostly or exclusively by the natural flavor of vanilla. However, the Products contain no appreciable or detectable amount of natural vanilla, and is flavored almost exclusively by artificial flavor.

Ferrara Candy Co. “Keebler Fudge Stripes”: Keebler manufactures, labels, markets, and sells cookies covered in stripes of “REAL KEEBLER FUDGE” under the Keebler brand. The Product is not “Made With Real Keebler Fudge,” and is false, deceptive and misleading because the fudge lacks ingredients that consumers expect in fudge.

Pret A Manger (USA) Limited: Pret A Manger markets and sells designed to appeal to health-conscious consumers as "Natural." This advertising and marketing campaign is false, deceptive, and misleading because the Products contain soya, a genetically modified organism (“GMO”) as well as numerous other synthetic ingredients. The Products: Pret Salt & Vinegar Chips, Pret BBQ Chips, Pure Pret Ginger Beer, Pret Cheddar and Tomato Sandwich, Pret Balsamic Chicken & Avocado Sandwich, Pret California Club Sandwich, Pret Chicken & Bacon Sandwich, Pret Egg Salad & Arugula Sandwich, Pret Tuna Salad sandwich, Pret Turkey & Pesto Sandwich, Pret Chicken Caesar & Bacon on Artisan Sandwich, Pret Ham & Cheese Sandwich, Pret Bang Chicken Wrap, Pret Chicken Bacon & Ranch Wrap, Pret Chef’s Salad, Pret Chicken Caesar Salad, Pret’s Cuban Sandwich, Pret’s BBQ Pulled Pork Hot Wrap, Pret’s ham & Cheddar Grilled Cheese, Pret’s Blueberry Muffin, Pret’s Carrot Cake Cookie, Pret’s Chocolate Brownie Cookie, Pret’s Chocolate Chunk Cookie, Pret’s Chocolate Hazelnut Croissant, Pret’s Energy Bagel, and Pret’s Pan Au Chocolate.

Kingsford Products Company, LLC “Kingsford 100% Natural Hardwood Briquettes”: Kingsford engages in deceptive marketing, advertising, and promotion of its 100% Natural Hardwood Briquettes because the Product is not (1) “100% Natural” nor (2) “100% Natural Hardwood.” The Product contains limestone, borax, starch, sawdust and other substances instead of only hardwood.

Aldi Inc. Emporium Selection Smoked Gouda: Aldi manufactures, labels, markets and sells  “Smoked Gouda” cheese purporting to get its smoked taste entirely from being “smoked.” This  false because the ingredient list reveals it contains “Smoke Flavor,” which is “smoke condensed  into a liquid form” instead of from being smoked.  

Total Life Changes, LLC “Raspberry Lemonade Flavor Iaso Tea Instant”: Total Life claims  this Tea does not contain Tetrahydrocannabinol (“THC”)—"THC free” when, in fact, it does.

SIG Sauer, Inc P320 pistols: SIG repeatedly misrepresented and warranted that the P320 pistols  were “drop safe” and “won’t fire unless you want [them] to.” However, SIG’s P320-brand semi-automatic pistols can inadvertently discharge a round of ammunition if dropped on the ground.