Olivina Napa Valley named in class action lawsuit over marketing products as Naturally Pure

This action seeks to remedy the deceptive and misleading business practices of Olivina Napa Valley LLC (hereinafter “Defendant”) with respect to the marketing and sales of the following Olivina Men products (hereinafter the “Products”):

Olivina Men All-In-One Body Wash Bourbon Cedar

Olivina Men Rinse Out I Leave In Conditioning Cream

Olivina Men Bourbon Cedar Aluminum-Free Deodorant

As alleged, 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 its Products are “Naturally Pure.” This representation leads consumers to believe that the product contains natural ingredients. However, Defendant’s advertising and marketing campaign is false, deceptive, and misleading because the Products contain synthetic ingredients.

Plaintiff and those similarly situated (“Class Members”) relied on Defendant’s misrepresentations that the Products are “Naturally Pure” when purchasing the Products. Plaintiff and Class Members paid a premium for the Products over and above comparable products that did not purport to be “Naturally Pure.” Given that Plaintiff and Class Members paid a premium for the Products based on Defendant’s misrepresentations that they are “Naturally Pure” Plaintiff and Class Members suffered an injury in the amount of the premium paid.

Complaint

Lakewood Juices named in class action lawsuit over use of terms cold pressed and fresh pressed

This is a class action on behalf of a California class of consumers who purchased Lakewood Organic Juices (“Juices”) made by Florida Bottling bearing the phrases “cold pressed” and “fresh pressed” on their labels.

Lakewood markets a diverse line of pure organic and premium fruit juice products. Lakewood represents that its Juices are both “cold pressed” and “fresh pressed.” As alleged, these representations are false and misleading because Lakewood Juices are heat processed (pasteurized).

By law, the term “fresh,” when used on a food label in a manner that suggests or implies that the food is unprocessed, means that the food has not been subjected to thermal processing or any other form of preservation. Accordingly, juice that has been pasteurized cannot be labeled with the term “fresh.”

The term “cold pressed” is a non-thermal processing method that uses high pressure to kill bacteria rather than heat thereby maintaining most of the juice’s nutrients and living enzymes, which otherwise get destroyed by heat. Again, according to the complaint. juice that has been cold pressed cannot simultaneously be pasteurized.

Lakewood represents to consumers that its Juices are both cold pressed and fresh pressed in bold, italic, underlined, and large font on the front labels of the Juice bottles. But the truth is that Lakewood Juices are neither. In-deed, on the back of the label, in much smaller print, buried in the middle of a paragraph, Lakewood describes its Juices as pasteurized—a fact that renders the representations on the front of the Juice labels false and misleading.

Pure Brazilian named in class action lawsuit alleging false labeling of coconut water

Pure Brazilian, LLC (‘Defendant”) manufactures Pure Brazilian Coconut Water through two main production steps. The first is the extraction of coconut water through slicing it in half or perforating it at the top, which releases the liquid into a collection tray before being bottled. The second is high pressure processing, where the bottles are subjected to pressure up to 87,000 pounds per square inch (“psi”). This reduces the biological, enzymatic and bacterial activity, but increases shelf life from 3-5 days to 6-8 weeks.

Defendant represents its product as “cold pressed” and “pure” on the front label, while statements on the back stress “Live Pure” and “Drink Pure.”

Cold pressing is a juice extraction method where pressure is applied to the pulp of fruits and vegetables, resulting in the liquids contained therein being released. Consumers pay a premium for a cold pressed juice product because it means more nutrients are retained than if a centrifugal machine like a blender was used.

As alleged, it is false to describe the Products as cold pressed because the juice inside a coconut is not extracted through a pressure mechanism. By highlighting an extraction step and not disclosing the processing step, consumers are misled into believing the Product is not modified from its original state. Reasonable consumers interpret the term “pure” in the context of juice to describe and identify an unprocessed and untreated product. Because coconut water is available in an unprocessed and untreated form, defendant’s “pure” representation falsely signifies that its Products are of a higher quality and value than they actually are.

Complaint

Rexall Sundown named in class action lawsuit for falsely advertising that Osteo Bi-Flex is beneficial for joints

 

This is a consumer protection class action arising out of Defedant Rexall Sundown, Inc false and misleading advertising of its glucosamine products. Defendant markets, sells and distributes a line of joint health dietary supplements under the “Osteo Bi-Flex” brand name, and Defendant represents that these products are beneficial to the joints of the consumers who use them.

Each of the Osteo Bi-Flex products at issue in Defendant’s joint health product line, through their labeling and packaging, and through Defendant’s other advertising and marketing materials, communicate the same substantive message to consumers: that Osteo Bi-Flex provides meaningful joint health benefits.

As alleged, these representations are designed to induce consumers to believe that Defendant’s Osteo Bi-Flex joint health products are capable of actually providing meaningful joint benefits, and consumers purchase Defendant’s Osteo Bi-Flex joint health products solely for the purpose of enjoying these purported joint health benefits.

Defendant’s Osteo Bi-Flex products, however, are incapable of supporting or benefiting the health of human joints because the main ingredients in each of Defendant’s Osteo Bi-Flex products at issue, either alone or in combination with other ingredients, cannot support or benefit joint health. Accordingly, Defendant’s joint health representations are false, misleading and deceptive, and its Osteo Bi-Flex joint health products are worthless.

Complaint

Nice-Pak Products, Inc, Costco and CVS named in class action over sale of purportedly flushable baby-wipes

This class action is brought against Defendants Costco Wholesale Corporation, CVS and Nice-Pak Products, Inc. (“Nice-Pak”) (collectively referred to as “Defendants”) to recover for the harm caused by Defendants’ deceptive, improper or unlawful conduct in the design, marketing, manufacturing, distribution, and sale of flushable wipes. Flushable wipes include all wipe products marketed and advertised by manufacturers as able to be flushed without causing harm to plumbing and sewer systems.

Defendant Nice-Pak manufactures Kirkland Signature Moist Flushable Wipes for Defendant Costco under its generic brand, Kirkland Signature (the “Kirkland Signature Wipes”). Defendant Nice-Pak manufactures the brand Total Home by CVS Flushable Moist Wipes (together with the CVS Brand Flushable Wipes, the “CVS Flushable Wipes”) for CVS.

Because flushable wipes do not disintegrate immediately upon flushing, like toilet paper, they cause serious problems for homeowners and municipalities alike. An article in New York Magazine chronicling the problems caused by flushable wipes points out that flushable wipes do not break down as easily as toilet paper, nor can they, if they are to do their job effectively. Unlike toilet paper, flushable wipes must hold up under the pressure of scrubbing after being soaked in water and propylene glycol lotion for an extended period of time. To be useful, flushable wipes must be strong enough to do their job effectively, which cannot be done if they disintegrate in water as easily as toilet paper. Thus “the very thing that makes a wet wipe good at its job makes it a problem once it’s discarded.”

Plaintiffs and other consumers purchased defective flushable wipes designed, marketed, manufactured, distributed, and sold by Defendants as safe to be flushed (the “Class”). Through the ordinary and/or directed use of flushable wipes, consumers across the country experienced plumbing issues, including clogged toilets, clogged pipes, flooding of home basements and other plumbing problems. Plaintiff and members of the Class would not have purchased the flushable wipes and/or paid the purchase price for the flushable wipes if they knew that flushing the wipes would cause the wipes to become clogged in sewer or septic systems. Absent Defendants’ actions, and had Plaintiff and members of the Class known of the defective nature of the flushable wipes, Plaintiff and members of the Class would not have purchased and/or paid the purchase price for the flushable wipes. And, absent Defendants’ actions, and had Plaintiff and members of the Class known of the defective nature of the flushable wipes, Plaintiff and members of the Class would not have used the flushable wipes in their homes and risked damaging the plumbing systems in their homes, or, worse, causing damage in their homes due to backups caused by the use of flushable wipes.

CVS Complaint

Costco Complaint

Weleda, Inc named in class action lawsuit for selling cosmetics as Natural despite containing synthetic ingredients

Defendant Weleda, Inc 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 “Certified Natural” and/or “Natural”. However, Defendant’s advertising and marketing campaign is false, deceptive, and misleading because the Products contain synthetic ingredients.

Plaintiff and those similarly situated relied on Defendant’s misrepresentations that the Products are “Certified Natural” and/or “Natural” when purchasing the Products. Plaintiff and Class Members paid a premium for the Products in comparison to comparable products that did not purport to be “Certified Natural” and/or “Natural”. Given that Plaintiff and Class Members paid a premium for the Products based on Defendant’s misrepresentations that they are “Certified Natural” and/or “Natural”, Plaintiff and Class Members suffered an injury in the amount of the premium paid.

A full list of the products named in the lawsuit and the synthetic ingredients they contain can be found in the complaint. COMPLAINT

Bed Bath & Beyond named in a class action lawsuit over sale of Perfect Touch and Crowning Touch, bed linens

 

This case involves the marketing and sale of bed linens falsely labeled as “100% Egyptian Cotton” by retailer Bed Bath & Beyond, Inc. (“BB&B”). For years, under the label Perfect Touch and Crowning Touch, BB&B sold bed linens, manufactured by Welspun India, Ltd. (“Welspun”), labeled as “100% Egyptian Cotton.” Egyptian cotton, due to its quality and scarcity, commands a premium in the market.

Welspun, a large home textile manufacturer based in India and with offices in the United States, manufactures and distributes bed linens and other home textiles to BB&B and other retailers. BB&B is Welspun’s largest customer.

In August 2016, BB&B’s competitor, Target announced that its investigation showed that Welspun uses inferior and less expensive cottons in many of its bed linens labeled “100% Egyptian Cotton.” Target ended its relationship with Welspun, and Welspun admitted, “Without any ambiguity, the fault is on our side.”

In response to Target’s announcement, BB&B ordered an external audit of textiles from Welspun but has continued to sell its products. Because of BB&B’s conduct, consumers who purchased Welspun bed linens at BB&B overpaid for an inferior product. This action seeks full recompense for consumers.

Complaint

Church & Dwight Co named in class action lawsuit for false made in the USA claims on Trojan condoms

 

According to the complaint, California law is clear: Merchandise may be labeled as “Made in the USA” if either: (1) all nondomestic parts constitute no more than 5% of the final wholesale value of the product; or (2) a manufacturer can show that a specific part could not be obtained within the U.S. and that part does not constitute more than 10% of the final wholesale value. Otherwise, a manufacturer may not label its products as “Made in U.S.A.,” “Made in America,” “U.S.A.,” or use similar words to convey that its products are made in the United States.

As alleged, Church & Dwight falsely advertises and markets at least two of its Trojan brand condoms, Magnum Thin Ultrasmooth and Magnum Ecstasy Ultrasmooth (collectively, the “Products”) as being “Made in U.S.A.” when, in fact, nondomestic parts comprising natural latex used in the Products constitute more than 10% of the Products’ final wholesale value.

Complaint

Church & Dwight Co., makers of Vitafusion B Complex Energy, Adult Vitamins, Gummies, named in class action lawsuit for false labeling

 

This is a consumer class action on behalf of purchasers of Vitafusion B Complex Energy, Adult Vitamins, Gummies, natural strawberry flavor (hereinafter “Vitafusion”). Unbeknownst to Plaintiff and members of the Classes, and contrary to the express representations made on its label, Vitafusion contains an excessive and potentially dangerous amount of the synthetic form of folate which, if known to Plaintiff and members of the Classes, would have caused Plaintiff and members of the Classes not to purchase or use Vitafusion.

Vitamins, including folate, play a crucial role in health. Recognizing the important role that folate plays in health, the Office of Dietary Supplements for the National Institutes of Health (hereinafter, “NIH”), recognizes the recommended daily allowance level for folate of 400 mcg. Similarly, because of the important role that folate plays in health, several foods are fortified with folic acid, the synthetic form of folate.

In recent years, consumers wishing to ensure that they obtain the proper amount of vitamins, such as folate, have increasingly turned to nutritional supplements.

Defendant warranted, advertised and sold Vitafusion throughout the United States, including in the State of Illinois and in this District as containing 400 mcg of folate, the recommended daily allowance cited by NIH. However, just as there is a recommended daily allowance for folate, NIH also recognizes an Upper Tolerable Intake Limit (“UL”) for the synthetic form of folate that is used in supplements and fortified foods. The UL for folic acid, synthetic folate, from dietary supplements and fortified foods for an adult is 1000 mcg. Exceeding the UL for folate can lead to nerve toxicity, blurry vision, nausea and vomiting, numbness, high blood sugar, skin lesions, liver toxicity, or liver damage.

According to the complaint, despite its extensive sales, and despite labeling Vitafusion as containing 400 mcg per gummy, Defendant does not ensure that Vitafusion actually contains the 400 mcg of folate listed on its label.

Instead, unbeknownst to Plaintiff and members of the Classes, Vitafusion actually contains 1232 mcg of synthetic folate (folic acid), an amount that exposes consumers of Vitafusion to the risks associated with excess intake of synthetic folate. This renders Vitafusion effectively worthless. Far from providing the NIH recommended amount of folate, Vitafusion instead exposed Plaintiff and members of the Classes to an unsafe level of folate.

Despite having knowledge that Vitafusion’s labeling is deceptive, misleading, and constitutes a fraud on consumers, Defendant continues to advertise, distribute, label, manufacture, market, and sell Vitafusion in a false, misleading, unfair, and/or deceptive manner, still claiming, falsely that Vitafusion contains a safe amount of synthetic folate, not the potentially dangerous amount it actually contains.

As a result of Defendant’s unlawful and deceptive conduct, Plaintiff and members of the Classes have been harmed, both by purchasing a product under false pretenses and by ingesting a product that increased their risk to various diseases.