Ongoing Class Action Lawsuits

If you’ve suffered harm from any of these products, you might be eligible to participate in a class action lawsuit to get the compensation you deserve. Contact Ferrer, Poirot & Wansbrough today for help.

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 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.

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.

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 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.

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.

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.

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.

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 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.

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: https://www.palmolive.com/en-us/products/liquid-dish-soap/ultra-pure-clear. 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. See, e.g., “Incompetence and failure to regulate methylisothiazolinone,” 72(6) Contact Dermatitis353-54 (June 2015).

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.”

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

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. 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 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 aren’t within the Paleolithic diet and/or Paleo based diet.

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.

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’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.

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 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 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.