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.

Nestle USA, manufacturer of Lean Cuisine products, named in class action for deceptively marketing its products as containing no preservatives

lean-cuisine

Plaintiff brings this class action against NESTLE USA, INC, for the deceptive practice of marketing its Lean Cuisine® frozen meals as having “No Preservatives” when many of them contain citric acid (2-hydroxypropane-1,2,3-tricarboxylic acid), a well-known preservative commonly used in commercial food and drink products.

Defendant sold Plaintiff and Class members, and continues to sell consumers, the following products containing citric acid with misleading “No Preservatives” language:

  1. Lean Cuisine® favorites Alfredo Pasta with Chicken & Broccoli
  2. Lean Cuisine® favorites Four Cheese Cannelloni
  3. Lean Cuisine® favorites Cheese Ravioli
  4. Lean Cuisine® favorites Chicken Enchilada Suiza
  5. Lean Cuisine® favorites Fettuccini Alfredo
  6. Lean Cuisine® favorites Classic Five Cheese Lasagna
  7. Lean Cuisine® favorites Asian-Style Pot Stickers
  8. Lean Cuisine® favorites Spaghetti with Meatballs
  9. Lean Cuisine® favorites Macaroni & Cheese
  10. Lean Cuisine® favorites Chicken Fettuccini
  11. Lean Cuisine® favorites Five Cheese Rigatoni
  12. Lean Cuisine® favorites Cheddar Potatoes with Broccoli
  13. Lean Cuisine® favorites Lasagna with Meat Sauce
  14. Lean Cuisine® MARKETPLACE Roasted Chicken & Garden Vegetables
  15. Lean Cuisine® MARKETPLACE Creamy Basil Chicken with Tortellini
  16. Lean Cuisine® MARKETPLACE Chicken with Almonds
  17. Lean Cuisine® MARKETPLACE Sesame Chicken
  18. Lean Cuisine® MARKETPLACE Chicken Pecan
  19. Lean Cuisine® MARKETPLACE Ginger Garlic Stir Fry with Chicken
  20. Lean Cuisine® MARKETPLACE Tortilla Crusted Fish
  21. Lean Cuisine® MARKETPLACE Orange Chicken
  22. Lean Cuisine® MARKETPLACE Apple Cranberry Chicken
  23. Lean Cuisine® MARKETPLACE Chile Lime Chicken
  24. Lean Cuisine® MARKETPLACE Mushroom Mezzaluna Ravioli
  25. Lean Cuisine® MARKETPLACE Ranchero Braised Beef
  26. Lean Cuisine® MARKETPLACE Cheese and Bean Enchilada Verde
  27. Lean Cuisine® MARKETPLACE Cheese Tortellini
  28. Lean Cuisine® MARKETPLACE Ricotta Cheese & Spinach Ravioli
  29. Lean Cuisine® MARKETPLACE Spicy Beef & Bean Enchilada
  30. Lean Cuisine® MARKETPLACE Spicy Mexican Black Beans & Rice
  31. Lean Cuisine® Comfort Chicken Parmesan
  32. Lean Cuisine® Comfort Herb Roasted Chicken
  33. Lean Cuisine® Comfort Meatloaf with Mashed Potatoes
  34. Lean Cuisine® Comfort Salisbury Steak with Macaroni & Cheese
  35. Lean Cuisine® Comfort Shrimp Alfredo
  36. Lean Cuisine® Comfort Grilled Chicken Caesar
  37. Lean Cuisine® Craveables Four Cheese Pizza

 

By deceptively marketing the Products as having “No Preservatives,” Defendant wrongfully capitalized on, and reaped enormous profits from, consumers’ strong preference for food products made free of preservatives.

Plaintiff brings this proposed consumer class action on behalf of herself and all other persons in New York, who, from the applicable limitations period up to and including the present purchased for consumption and not resale any of Defendant’s Products.

 

Unilever named in class action over falsely advertising Pure Leaf Iced Tea as all natural

Unilever

The complaint alleges that Unilever deceptively informed and led its customers to believe that its Pure Leaf Iced Tea, sold in a variety of flavors, is “All Natural,” despite containing unnatural ingredients, which are synthetic, artificial, and/or genetically modified, including but not limited to Citric Acid and/or “Natural Flavor.”

Complaint

Whirlpool named in class action over falsely advertising AquaLift® Self-Cleaning Technology

whirlpool_brand_bk

 

Whirlpool designs, manufactures, advertises, and sells a line of gas and electric stoves, ranges, and ovens featuring its proprietary “AquaLift® Self-Cleaning Technology” (“AquaLift”) a system that purportedly “self-cleans” the interior of a dirty oven in less than one hour using only water and low heat.

According to the complaint Whirlpool’s marketing and advertising for its ovens containing AquaLift is false, deceptive, and misleading to reasonable consumers because AquaLift – a key product feature – does not perform as advertised or in accordance with Whirlpool’s express and implied warranties

Contrary to Whirlpool’s marketing claims, AquaLift does not “selfclean” or otherwise perform as advertised to consumers. To be sure, the Internet is teeming with consumer complaints that target the extent of Whirlpool’s defective AquaLift technology.

Complaint

The Procter & Gamble Company named in class action over deceptively advertising pampers as clear and natural

Pampers

Procter & Gamble prominently labels, markets and advertises its Pampers baby wipes (“Pampers Wipes” or the “Product”) as “natural.” This claim is false, deceptive and likely to mislead a reasonable person because Pampers Wipes contains chemicals that are synthetic, not natural. These chemicals can also cause skin irritation and other problems. Parents seeking natural products for their babies are not receiving the product promised them, but instead are purchasing a mis-branded product containing synthetic chemicals. These chemicals include dimethicone, phenoxyethanol, and ethyhexyl glycerin.

Proctor & Ganmble 7-14-16

FDA warns Popsalot, LLC that its Moroccan Mystique gourmet flavored popcorn product was falsely advertised as gluten free

Popsalot

On June 21, 2016, the FDA sent Popsalot, LLC a warning letter stating that its “Moroccan Mystique” gourmet flavored popcorn product is misbranded and its labeling false or misleading because the product bears the claim “gluten-free” but fails to comply with the definition of “gluten-free” [21 CPR 101.91(a)]. The FDA analyzed the product and found greater than 20 ppm gluten. According to regulations, the unavoidable presence of gluten in the food that bears a gluten-free claim must be below 20 ppm gluten (i.e., below 20 mg gluten per kg of food). A food that bears the claim “gluten-free” in its labeling and fails to meet this requirement will be deemed misbranded.

Hostess named in class action over misrepresenting the maple content of its Donettes Maple Glazed Mini Donuts

hostess

In April 2016, Plaintiff purchased Hostess Donettes Maple Glazed Mini Donuts. Plaintiff viewed and relied upon the product name indicating that the donuts were “maple glazed” and a prominent image of maple syrup being poured directly onto the donuts on the product packaging.

Despite depicting maple, the product does not contain maple and therefore, as alleged, the product is mischaracterized under federal and state laws.

Because she was purchasing a product that was labeled as containing maple, Plaintiff reasonably believed that it, in fact, contained maple. Had Plaintiff known that the product did not contain maple as an ingredient, she would not have purchased it or she would not have paid as much for the product.

Herr Foods named in a class action lawsuit over misleadingly labeling products as all natural

herrs_0

The class action is brought on behalf a nationwide class of consumers who purchased one or more of the following: Herr’s Popped Chips (All Natural with Sea Salt, Sour Cream & Onion, Tangy Barbeque), Herr’s “All Natural” Tortilla Chips, Herr’s All Natural Sourdough Pretzels, Herr’s All Natural Potato Chips (Sea Salt, Russet, Ripples, Crisp n’ Tasty, Lattice Cut), and Herr’s Potato Chips (Sour Cream & Onion, Salt n’ Vinegar) (collectively, the “Misbranded Products”).

As alleged, the Misbranded Products are postured to appeal to consumers like Plaintiff who prefer to consume natural products that do not contain artificial, synthetic, highly processed ingredients, color additives or chemical preservatives. The Misbranded Products are marketed as containing “No Preservatives” and “No MSO” and, on certain packages, as being “All Natural.”

Furthermore, some of the Misbranded Products claim to have “No Trans Fat.” These claims are made on the front of the product labels of the Misbranded Products and on Herr’s website.

As further alleged, these representations are false and deceptive to consumers, who rely on them to make their purchases. In fact, the Misbranded Products are not natural because they contain a host of synthetic, artificial, and highly processed ingredients, chemical preservatives, artificial coloring or flavoring, and genetically modified (OM) material. Moreover, many of the Misbranded Products purporting to be healthy actually contain high levels of fat that disqualify Defendant from making that claim.

 

J.C. Penney settles class action lawsuit which alleged false advertising

JCP

J.C. Penney announced that it has reached an agreement, subject to court approval, to settle a false advertising class action lawsuit brought on behalf of California customers who purchased certain JCPenney private or exclusive branded products.

The lawsuit, filed in 2012, arises from the price comparison advertising of private and exclusive branded products JCPenney used in California between November 2010 and January 2012. Plaintiff claims, among other things, that JCPenney’s practices did not comply with California law.

Under the terms of the proposed settlement, JCPenney will make available $50 million to settle class members’ claims. Class members will have the option of selecting a cash payment or store credit. The amount of the payment or credit will depend on the total amount purchased by each class member during the class period.

The settlement agreement also states that JCPenney will implement and/or continue certain improvements to its price comparison advertising policies and practices, including periodic monitoring and training programs designed to ensure compliance with California’s advertising laws.