Nissan recalls 2015-2017 Altima vehicles over rear door locking failure

Nissan North America, Inc. is recalling certain 2015-2017 Altima vehicles. The rear door latch/lock cable on the vehicles may have been improperly routed. As a result, lowering a rear window may inadvertently cause that door to unlatch and open. If the rear passenger doors inadvertently open while the vehicle is in motion, it may increase the risk of injury to the rear passengers.

341,005 vehicles are affected by this recall.

Nissan will notify owners, and dealers will correct the rear door latch/lock cable routing, free of charge. The manufacturer has not yet provided a notification schedule.

 Endo Health Solutions settles class action lawsuit for shorting the fluoride in Multi-Vitamin with Fluoride Chewable Tablets

A proposed $15,500,000 settlement has been reached with Endo Health Solutions, Inc.; Endo Pharmaceuticals, Inc. in a class action lawsuit involving the Multi-Vitamin with Fluoride Chewable Tablets

The lawsuit claims that Defendants misrepresented the amount of fluoride contained in the Chewable Tablets from a period beginning October 31, 2007 through December 31, 2015, manufacturing the Chewable Tablets with only approximately 44% of the fluoride ion claimed on the label and package insert.

You are included if you or your company paid for Chewable Tablets branded “Qualitest Pharmaceuticals,” “Vintage Pharmaceuticals,” or “Physicians Total Care,” purportedly containing doses of fluoride of 1.0 mg, 0.5 mg, or 0.25 mg between October 31, 2007 and December 31, 2015.

For more information visit: http://www.fluoridetabletssettlement.com/

Trump University settles class action lawsuit alleging it defrauded students

 

The parties have reached a $25 million settlement on behalf of former Trump University students to resolve a number of class actions and an action by the New York Attorney General. To get a payment, you must submit a claim form by March 6th.

The lawsuits generally  allege that “Trump University” and Trump violated federal law across the country and state law (in California, Florida and New York) by promising, but not delivering access to Trump’s real estate techniques taught by “hand-picked” professors at an elite “university,” when in fact Trump was not substantively involved in the Live Events curriculum or selecting the instructors and the New York State Education Department had warned Trump it was unlawful to call it a “university.”

You must submit a claim form on or before March 6, 2017 to get a payment from the settlement.

Visit the settlement website for more details: http://www.trumpuniversitylitigation.com/Home/Documents

Audi named in class action lawsuit for use of emissions defeat devices in gasoline vehicles equipped with automatic transmissions

 

Plaintiff brings this action in connection with Audi’s practice of equipping certain gasoline vehicles with an illegal “defeat device” designed to evade governmental emissions regulations by tricking the public and regulators into thinking the vehicles emit far less noxious carbon dioxide gas (“CO2”) than they actually do.

In September 2015, and again in November 2015, Volkswagen and Audi admitted using defeat device software to activate emissions controls when diesel cars were being smog tested and deactivate those controls during normal, on-road driving. Volkswagen, Audi AG’s parent company, took the position that the diesel defeat device was an isolated incident, which it dubiously blamed on “rogue engineers.”

As alleged, it was not an isolated incident, and the unlawful activity was not perpetrated by a few “rogue engineers” but by hundreds of personnel throughout the companies.

Moreover, Audi’s unlawful activity was not limited to its diesel vehicles. It has recently been reported that Audi has been hiding its use of a completely different defeat device on additional gasoline vehicles equipped with automatic transmissions.

The vehicles containing the illegal defeat device include at least those vehicles Audi equipped with (1) a ZF 8HP55 “AL551” transmission, including but not limited to, the A6, A8, Q5, and Q 7 or (2) a DL 501-7Q “DL 501” transmission, including, but not limited to, the Audi S4, S5, S6, and S7 models (collectively the “Affected Vehicles”). In those vehicles, Audi installed software which detects when the vehicle undergoes emissions and mileage testing and then programs the car to shift into each higher gear sooner, thus reducing engine RPM, fuel consumption, and CO2 emissions. But otherwise, during normal driving operation, the cars’ shift points are higher, resulting in more power and acceleration, but increased fuel consumption, lower MPG, and higher CO2 emissions.

Audi sold the Affected Vehicles to Plaintiff and Class members without informing them of the existence of the defeat devices, and by falsely representing to them that the Affected Vehicles were compliant with all relevant emissions standards when in normal use. Audi also falsely represented the fuel efficiency of the Affected Vehicles.

Because the existence of the defeat devices was concealed, Plaintiff and the Class members were unaware that the vehicles they purchased were equipped with illegal defeat devices. Plaintiff and Class members suffered damages as a result of Audi’s misrepresentations and omissions regarding the defeat device. Plaintiff would not have purchased the Affected Vehicle at all and/or—if the Affected Vehicle’s true nature had been disclosed and mitigated, and the Affected Vehicle rendered legal to sell—would have paid significantly less for it. At the very least, Plaintiff and Class members overpaid for their vehicles, which are incapable of providing the balance of performance, fuel efficiency, and cleanliness that Audi advertised. Plaintiff and Class members have also suffered diminution of vehicle value now that the existence of the defeat device has been revealed.

Complaint

 L’Oreal USA, Inc., makers of Matrix Biolage Keratindose Pro-Keratin + Silk Shampoo named in class action for false advertising

 

This is a nationwide class action brought by Plaintiffs on behalf of consumers who purchased Matrix Biolage Keratindose Pro-Keratin + Silk Shampoo, Pro-Keratin + Silk Conditioner, and/or Pro-Keratin Renewal Spray.

As alleged, keratin is a protein naturally present in human hair, skin and nails. It is made by cells called keratinocytes and consists of amino acids. Its primary function is to protect the cells in hair, skin and nails from damage or stress. Through its uniform, nationwide advertising campaign, including the name of the Keratindose Product line and the names of each Product, Defendants have led consumers to believe that their Keratindose Products actually contain keratin and will confer the claimed benefits of keratin to the consumer.

According to the complaint, the Keratindose Products do not contain any keratin at all and are incapable of providing the claimed benefits of keratin to the consumer.

 

Naming the Products “Keratindose” when they contain no keratin, and echoing that representation with additional statements on the Product labels and in a uniform advertising campaign, is unlawful. The Keratindose Products’ labels are false, deceptive and misleading, in violation of the Federal Food Drug & Cosmetics Act and its parallel state statutes, and almost every state warranty, consumer protection, and product labeling law throughout the United States.

  1. Defendants’ misbranding is intentional, and renders the Products worthless or less valuable. If Defendants had disclosed to Plaintiffs and putative Class Members that their Keratindose Products do not contain any keratin at all, and that the Products do not provide the claimed benefits of keratin, Plaintiffs and putative Class Members would not have purchased the Products or they would have paid less for the Products.

As a result of Defendants’ misconduct and misrepresentations, Plaintiffs and putative Class Members have suffered injury in fact, including economic damages.

Complaint

White Wave, makers of Silk Almond Beverages, named in class action lawsuit over mislabeling of the beverage

Plaintiff brings this action on behalf of all persons in the United States who, at any time since four years prior to the filing of this complaint, purchased any Silk Almond milk beverage (“Silk Almond Beverages”) manufactured, marketed, distributed, and sold by WWF Operating Company, dba White Wave Services, Inc. (“WhiteWave” or “Defendant”).

This case arises out of the false, misleading, and deceptive marketing practices of Defendant’s Silk Almond milk products. Defendant has deceptively informed and led its customers to believe that they were purchasing, for a premium price, a dairy milk alternative that is nutritionally equivalent, and even superior, to dairy milk, as defined by the U.S. Food & Drug Administration (the “FDA”).

As alleged, Silk Almond Beverages significantly lack many of the essential nutrients and vitamins provided in dairy milk, which Defendant fails to disclose to and actively conceals from consumers.

By calling its Silk Almond Beverages “milk”, a term historically used to define cow’s milk, Defendant has capitalized on reasonable consumers’ understanding of the well-known health benefits and essential nutrients that dairy milk provides without actually providing those health benefits and essential nutrients. Moreover, Defendant’s entire marketing strategy portrays its Silk Almond Beverages as nutritionally superior to dairy milk.

Defendant fails to label its Silk Almond Beverages as “imitation milk”, as required by the FDA, which requires products to be labeled “imitation” if there is any reduction in the content of essential nutrients present in a measurable amount in the standardized food for which the product is substituting. Thus, Silk Almond Beverages must be labeled “imitation milk” because they are, in fact, nutritionally inferior to dairy milk due to their reduction in the content of essential nutrients present in a measurable amount in dairy milk, as identified above and throughout this complaint.

Moreover, because Defendant utilizes the common or usual name of a food (i.e. “milk”) but fails to reveal the basic nature and characterizing ingredients of the Silk Almond Beverages, in accordance with 21 C.F.R. § 102.5(b), Defendant must label its Almond Beverages as “imitation milk”, as required by 21 C.F.R. § 101.3(e).

The Complaint alleges that the amount of essential vitamins and nutrients provided by dairy milk has a material bearing on price and consumer acceptance of products attempting to substitute dairy milk. WhiteWave has labeled its products to highlight its low calorie and fat content as compared to fat-free dairy milk and has been successful in capturing the market share previously attributed to dairy milk due to its omissions regarding the actual nutritional comparison of essential nutrients. By deceiving consumers about the nature, quality, and/or ingredients of its products, WhiteWave is able to command a premium price, increasing consumers’ willingness to pay and reduce the market share of competing products, thereby increasing its own sales and profits.

The complaint also alleges that Defendant’s deceptive labeling poses a serious health concern to consumers. In fact, the 2015 Dietary Guidelines Advisory Committee Report found that in cases where people do not consume dairy, the levels of calcium, magnesium, iron, vitamin A and riboflavin drop below the recommended intake, and intake levels of potassium, vitamin D and choline also drop substantially.

COMPLAINT

HP named in class action lawsuit for installing firmware that caused wireless printers to fail when being used with non-HP brand ink cartridges

 

Plaintiffs contend that HP intentionally installed firmware on certain wirelessly-enabled HP printers that caused the printers to fail when being used with non-HP brand ink cartridges.

As alleged, Plaintiffs are the purchasers of “all-in-one” HP printers and devices offered by and sold through Defendants. On or around September 13, 2016, these printers ceased to function. The malfunction of the printers was caused by firmware that HP wirelessly installed on these printers in March 2016, without notice or consent from their owners. The firmware operated to disable the printers if ink cartridges manufactured by an HP competitor were being used. In such cases, error messages appeared on the printer and/or the device sending the print job to the printer stating that the printer error was due to a damaged or failed ink cartridge. The error messages instructed the users to replace the non-HP ink cartridges with new cartridges. Only if the cartridges were replaced with ones manufactured by HP did the printers resume operation.

HP intentionally installed this firmware in order to force consumers to purchase HP’s more expensive ink cartridges as opposed to the less expensive ink cartridges manufactured by its competitors. This scheme was intended to and did cause HP to profit in the form of ink cartridge sales and servicing charges.

HP misrepresented to Plaintiffs that the printers were compatible with non-HP ink cartridges. Plaintiffs were induced to purchase the printers and/or ink cartridges from Defendants based on these misrepresentations regarding the functionality and quality of the printers. Defendants also intentionally misrepresented that the printers failed because the ink cartridges being used were damaged or had failed.

COMPLAINT

Michelin North America named in class action lawsuit for misrepresenting tread depth on tires

Defendant produces tires for passenger vehicles. These included the Michelin Pilot Super Sport, Ultra High Performance tire in various sizes (“PSS Tire”). These are marketed as ultrahigh performance tires, and are standard equipment on many luxury sports cars, such as the Chevrolet Corvette, BMW, and Mercedes Benz vehicles.

Among the representations made on the Specification Documents are figures and measurements related to tread depth on the tires. Tread depth is a vertical measurement between the top of the tread rubber to the bottom of the tire’s deepest grooves. In the United States, tread depth is measured in increments of one thirty second of an inch (1/32nd inch). Tread depth is typically measured with a tire tread depth gauge.

New tires used on passenger cars typically start with between 9/32″ to 11/32″ of original tread depth, depending on the grand and model. Tires are legally “worn out” and should be replaced in most States when they reach 2/32″ of remaining tread depth. For example, a typical tire that starts with 10/32″ of original tread depth has only 8/32″ of useable tread depth. Its useable tread depth is calculated by subtracting a worn out tire’s 2/32″ from the new tire’s original depth of 10/32″.

Tread depth for the tires at issue in this lawsuit are consistently at least 1/32” less than the tread depth represented by Defendant Michelin in its Specification Documents. Because of that, Plaintiff and Class Members have received approximately 10% to 12.5% less tread depth and usable tread, and therefore an equivalent reduction in tire mileage, use, and value compared to the same tire with tread depth as actually represented by Defendant.

COMPLAINT

HP named in class action lawsuit for installing firmware that causes printers to fail when using non-HP brand ink cartridges

 

The complaint contends that HP intentionally installed firmware on certain wirelessly-enabled HP printers that caused the printers to fail when being used with non-HP brand ink cartridges.

The firmware operated to disable the printers if ink cartridges manufactured by an HP competitor were being used. In such cases, error messages appeared on the printer and/or the device sending the print job to the printer stating that the printer error was due to a damaged or failed ink cartridge. The error messages instructed the users to replace the non-HP ink cartridges with new cartridges. Only if the cartridges were replaced with ones manufactured by HP did the printers resume operation.

As alleged, HP intentionally installed this firmware in order to force consumers to purchase HP’s more expensive ink cartridges as opposed to the less expensive ink cartridges manufactured by its competitors. This scheme was intended to and did cause HP to profit in the form of ink cartridge sales and servicing charges.

HP misrepresented to Plaintiffs that the printers were compatible with non-HP ink cartridges. Plaintiffs were induced to purchase the printers and/or ink cartridges from Defendants based on these misrepresentations regarding the functionality and quality of the printers. Defendants also intentionally misrepresented that the printers failed because the ink cartridges being used were damaged or had failed.

Complaint

Family Dollar named in class action lawsuit for falsely advertising Tropic Sun Aloe Vera Gel

This is a nationwide consumer class action brought by Plaintiff on behalf of all individuals who purchased Defendants’ Tropic Sun Aloe Vera Gel.

Family Dollar Defendants advertise, market, sell, and distribute the Product. The Product’s label declares it to be “Made with 100% Pure Aloe.” According to the Product’s ingredient label, it contains “Aloe Barbadensis Leaf Juice.” In reality, according to independent laboratory tests, Defendants’ Product contain no actual Aloe Vera at all.

The complaint alleges that the product’s label is false, deceptive and misleading, in violation of the Federal Food Drug & Cosmetics Act and its parallel state statutes, and almost every state warranty, consumer protection, and product labeling law in the United States.