Coca-Cola sued over advertising of Hansen’s Natural sodas

 

Defendant manufactures, markets, advertises, and sells a line of products in the “alternative” soda beverage category, which Defendant prominently labels and sells as “Hansen’s Natural” sodas Defendant uses the “natural” branding strategy and labeling claim as the primary feature differentiating Hansen’s Natural Sodas from other soda products in the marketplace. However, Defendant’s advertising and marketing is false, deceptive and misleading because each Hansen’s Natural Soda product contains one or more artificial and/or synthetic, non-natural ingredients, including Ascorbic Acid, Citric Acid, and Caramel Color.

 

COMPLAINT

Diamond Foods named in class action lawsuit over “made with natural ingredients”  and no preservative representations

 

This is a consumer protection action seeking redress for, and a stop to, Defendant’s unfair and deceptive practice of advertising and marketing its line of potato chips (the ” Products”) as “Made with Natural Ingredients” and having no preservatives.

Products include:

Organic Sea Salt & Vinegar Potato Chips

Salt & Fresh Ground Pepper Krinkle Cut Potato Chips

Backyard Barbecue Potato Chips

Chili Lime Potato Chips

Buffalo Blue Krinkle Cut Potato Chips

Sour Cream and Onion Potato Chips

Pepperoncini Potato Chips

Tropical Salsa Potato Chips

Fiery Thai Potato Chips

Country Style Barbecue Potato Chips

Honey Dijon Potato Chips

New York Cheddar Potato Chips

As alleged, defendant’s “No Preservatives” representations are false, deceptive and misleading because the Products contain the preservative, citric acid. This labeling deceives consumers into believing that they are receiving healthier preservative free beverages even though these products cannot live up to these claims.

The complaint also alleges that Defendant’s “Made with Natural Ingredients'” representations are false, deceptive, and misleading because the preservative, citric acid, is a synthetic compound and thus not natural.

Diamond Foods 10-4-18

Blue Diamond Growers  named in class action lawsuit alleging false advertising

Blue Diamond Growers  manufactures, distributes, markets, labels and sells “Almond Nut-Thins” (crackers) under the “Blue Diamond Almonds” brand.

The Products’ common principal display panel representations include (i) their name, “Almond Nut-Thins,” (ii) a more specific identification as “Nut & Rice Cracker Snacks,” and (iii) vignettes of almonds. The back of the packages state “As The Almond People®, we’re pretty partial to almonds in anything, but we think you’ll agree these crispy crackers go well with almost anything.

As alleged, the Products are misleading because despite the labels naming them “Almond NutThins” and more specifically identifying them as “Nut & Rice Cracker Snacks,” they are actually rice-flour based crackers, which happen to include equivalent amounts of “almonds” as they do “potatoes.”

According to the complaint, Plaintiff believed the Almond Products were made with almonds as predominant ingredient in the same way consumers would observe wheat crackers and reasonably expect they were composed mainly of wheat. Plaintiff desired to purchase a product that was made primarily of almond ingredients and believed that the predominant ingredients was almonds or derived from almonds.

National Beverage Corp  makers of LaCroix Sparkling Waters named in class action lawsuit over false advertising of product as natural

 

This is a class action against National Beverage Corp. d/b/a LaCroix Sparkling Waters to stop their practice of mislabeling their signature product, LaCroix Water, as “all-natural.” LaCroix Water is manufactured using non-natural flavorings and synthetic compounds, and Defendant continues to mislead consumers into believing that their product is natural when it is not.

According to the complaint, the water contains ethyl butanoate, Iimonene, linalool and linalool propionate — chemical compounds that are synthetically created and added to consumable goods to make those goods taste or smell a certain way.

COMPLAINT

CVS named in class action lawsuit over adulterated thyroid tablets

This is a class action lawsuit over thyroid tablets manufactured and distributed by Westminster Pharmaceuticals, LLC (“Westminster”) and sold through and by CVS Pharmacy, Inc. (“CVS”).

Specifically, the lawsuit pertains to Defendants Westminster’s manufacturing and distribution of adulterated generic prescription thyroid medications containing Levothyroxine and Liothyronine tablets for oral use, branded as “Thyroid Tablets, USP” or “Thyroid Tablets” (hereafter, “Thyroid Tablets”). CVS sold these adulterated generic prescription medications to Plaintiff and other similarly situated consumers.

Levothyroxine (tetraiodothyronine sodium) and Liothyronine (liothyronine sodium) are generic prescription medications indicated as replacement or supplemental therapy in patients with hypothyroidism, among other conditions. Westminster combines both compounds into a generic formulation consisting of a single oral tablet, which is branded as “Thyroid Tablets, USP” or “Thyroid Tablets.” However, due to manufacturing defects originating from overseas laboratories in China, Westminster’s formulation has become adulterated.

On August 9, 2018, the U.S. Food & Drug Administration (“FDA”) posted a notice of a voluntary recall of Thyroid Tablets by Westminster subsequent to multiple violations of the Food Drug and Cosmetics and good manufacturing practices issued there under.

As alleged, Plaintiff and the Class were injured by paying the full purchase price of their Thyroid Tablets. These medications are worthless, as they have been found to be adulterated and are not fit for human consumption.

COMPLAINT

 

Starbucks named in class action over false and misleading advertising of sour gummy candies

 

According to the complaint, the Starbucks private-label sour gummy candy assortment claims that the package contains Apple, Watermelon, Tangerine, and Lemon-flavored sour candies. The label does not disclose, however, that the Product contains artificial flavors in the form of fumaric acid which is a synthetic petrochemical added to the Products to create the overall “sour” flavor and to simulate and reinforce the Product’s four characteristic fruit flavors.

As alleged, failure to disclose the existence of this artificial flavor violates the law.

 

Arizona Beverage Company named in class action lawsuit for false advertising

 

 

 

The complaint brought on behalf a nationwide class of consumers claims the Defendant falsely advertises is products as having “no preservatives” but in truth contains a number of preservatives such as citric and ascorbic acids which render the advertising claim false and misleading.

As alleged, conscious of consumers’ increased interest in more nutritious beverages free of additives and willingness to pay more for products perceived to meet this preference, Defendant misleadingly, illegally, and deceptively seeks to capitalize on these consumer health trends.

Products include

Arizona Iced Tea with Lemon Flavor (citric acid and ascorbic acid in the bottle; citric acid only in the can).

Arizona Green Tea with Ginseng and Honey (citric acid and ascorbic acid).

Arizona Arnold Palmer Lite Half Iced Tea Half Lemonade (citric acid and ascorbic acid).

Arizona Peach Zero Calorie Iced Tea (citric acid and ascorbic acid).

Arizona Diet Peach Iced tea (citric acid and ascorbic acid).

Arizona Raspberry Half Iced Tea Half Lemonade (citric acid and ascorbic acid).

Arizona Cranberry Iced Tea (citric acid).

Arizona Grapeade (citric acid and ascorbic acid).

Arizona Half Iced Tea Half Lemonade (citric acid and ascorbic acid).

Arizona Peach Iced Tea (citric acid).

Arizona Raspberry Iced Tea (citric acid).

Arizona Energy Drink Extreme Performance Fruit Punch (citric acid and ascorbic acid).

Arizona Energy Drink Extreme Performance (citric acid and ascorbic acid).

Arizona Energy Drink Low Carb Performance (citric acid and ascorbic acid).

Arizona Real Brewed Sweet Tea (citric acid).

Arizona Arnold Palmer Zero Half Iced Tea Half Lemonade (citric acid).

Arizona Watermelon Fruit Juice (citric acid and ascorbic acid).

Arizona Fruit Punch Fruit Juice (citric acid and ascorbic acid).

Arizona Mucho Mango Juice (citric acid and ascorbic acid).

 

Neurobrands named in a class action lawsuit over falsely claiming products are flavored only with natural ingredients.

 

Neurobrands manufactures, distributes, advertises, markets and sells a variety of purportedly natural fruit flavored products known as the Neuro beverage products, including, neuroSONIC Energy Refreshed superfruit infusion, neuroBLISS white raspberry, and the neuroPROTEIN watermelon mint products (collectively, the “Products”).

As alleged, the labeling of the Products is false and misleading. Specifically, the Products are labeled as if they are flavored only with natural ingredients when they in fact contain an undisclosed artificial flavor, malic acid, in violation of state and federal law.

The complaint claims that Defendant’s packaging, labeling, and advertising scheme is intended to give consumers the impression that they are buying a premium, all-natural product with only natural flavoring ingredients instead of a product that contains artificial chemicals and that is artificially flavored.

 

COMPLAINT

 

Trader Joe’s named in class action lawsuit over advertising of T’s & J’s Sour Gummies

Plaintiff files this class action lawsuit on behalf of herself and all similarly situated persons who purchased “Trader Joe’s T’s & J’s Sour Gummies.” At all times, Plaintiff believed that she was purchasing Product with only natural ingredients and/or flavors. On information and belief, Plaintiff has the understanding that the Product contains non-natural ingredients.

As alleged in the Complaint, the Defendants make false, deceptive and misleading claims regarding ingredients used in and characteristics of the Product. Defendants created and/or authorized the false, misleading, and deceptive advertisements and/or packaging and labeling for the Product that falsely claim they consist of only natural ingredients, “no artificial flavors” and conceals the fact that the Product contains DL-malic acid, a harmful artificial and synthetic flavor additive.

Complaint

Nestle named in class action lawsuit over use of No GMO Ingredients™ seal

A class action lawsuit was filed against Nestle USA, Inc  for misleading consumers about its products that bear a “No GMO Ingredients ™” certificate of approval on the packaging  that appears to be that of an independent third-party, when, it in fact, is not.

Recognizing the value of independent certification in the marketplace, the Federal Trade Commission has warned companies against representations involving independent certification because they are misleading to consumers and has issued guidelines for companies to follow in order not to deceive. “It is deceptive to misrepresent, directly or by implication, that a product, package, or service has been endorsed or certified by an independent third party. 16 C.F.R. §260.6

As alleged in the complaint, in violation of these principles, Defendant has represented to consumers that several of the products it sells have been certified by an independent third party as not containing GMO ingredients, by affixing a No GMO Ingredients TM seal on the Products. According to the complaint, these representations by Defendant are false and the No GMO Ingredients ™ seal of approval is not the product of a neutral, third party, but instead the work of Defendant itself.

COMPLAINT