Dietary supplement manufacturer PhD Fitness LLC (“PhD Fitness”) and a putative class of consumers have reached a settlement over claims that PhD Fitness deceptively labelled its sports supplements. The plaintiffs filed the proposed class action alleging that the marketing materials and labels on PhD Fitness’ “JYM” and “Post-JYM” supplements made false and misleading claims about … Continue Reading
The Cousteau Society (“TCS”) filed a lawsuit in New York federal court against Jacques Cousteau’s granddaughter, Celine Cousteau, alleging trademark infringement and unfair competition under federal and New York state law. In its complaint, TCS argues that it owns all of the intellectual property associated with Jacques Cousteau – trademarks; rights of privacy, publicity, and … Continue Reading
Over 430,000 consumers, who purchased and deposited money on NetSpend Corporation (“NetSpend”) prepaid debit cards will receive refund checks from the Federal Trade Commission (“FTC”), totalling more than $10,000,000 as part of NetSpend’s settlement with the FTC. In November 2016, the FTC charged NetSpend with violations of the FTC Act alleging NetSpend deceptively advertised that: … Continue Reading
Several women and the Communications Workers of America have brought an Equal Employment Opportunity Commission (EEOC) complaint against Facebook and 10 employers who advertise on the social network, alleging that the companies are in violation of laws prohibiting sex-based job discrimination. By allowing employers to target job ads based on gender and seek only men … Continue Reading
On August 15, Danielle A. Singer and her company Project Therapy, LLC (dba Therapy Threads) filed a class-action complaint against Facebook, Inc. over its claims concerning ad audiences. According to the Complaint, Facebook overstates its audience metrics in order to induce advertisers to spend money on ads on the platform. The plaintiffs allege, in part, … Continue Reading
On July 19, 2018, it was announced that Operation Troop Aid (“OTA”) entered into a settlement with multiple states, including California, Delaware, New York, Pennsylvania, Virginia and Washington, for participating in an unlawful charitable commercial co-venture with Harris Originals of NY, Inc. (“Harris Jewelry”) a nationwide jewelry retailer for military personnel. In its simplest form, … Continue Reading
In January of this year, the FTC announced its complaint against the Bollman Hat Company and its wholly-owned subsidiary, SaveAnAmericanJob, LLC, for allegedly violating its policy on “Made in the USA” claims. Bollman and its subsidiary, which sells hats under the Bollman, Bailey Western, Betmar, Country Gentleman, Eddy Bros., Helen Kaminski, Jacaru, Kaminski XY, Kangol, … Continue Reading
Trader Joe’s “Ts & Js Lemon Grapefruit Lime Tangerine Sour Gummies” have soured the palate of at least one consumer, according to a recently-removed Southern District of California lawsuit. Plaintiff Serena Wong, who filed her complaint against the grocery giant earlier this year, claims that the candies contain an undisclosed artificial ingredient, d-l malic acid, … Continue Reading
Jack Daniel’s is fighting hard to protect its iconic, all-American image against purported copycats. The famous Tennessee whiskey brand filed a lengthy complaint against Dynasty Spirits (“Dynasty”) and Buffalo Bayou Distilleries (“Buffalo Bayou”), two Texas distilleries, alleging trademark and trade dress infringement and dilution. Dynasty is responsible for the distilling and marketing of the accused … Continue Reading
A Florida federal judge chided putative class action lead plaintiff Michael Fox for what she described as “a quintessential shotgun pleading” last month and dismissed two defendants to Fox’s consumer protection lawsuit. Fox alleged violations of Florida’s consumer protection and gratuity notice laws against Loews Corp., Loews Hotels Holding Corp., MB Redevelopment LLC, and Loews … Continue Reading
Puffed quinoa snacks presumably would contain mostly quinoa right? Not according to the putative class action lawsuit filed in a New York federal court earlier this year. Lead plaintiff Russell Ransom alleges that defendant I Heart Foods Corp.’s line of “I Heart Keenwah” puffed quinoa snacks are not, as the name implies, primarily quinoa. Rather, … Continue Reading
Briefing closed last month on Post Holdings Inc.’s attempt to dismiss a putative class action false labeling suit over Post’s prepackaged mashed potatoes, which Post claims are “made with real butter.” The plaintiffs allege that although the product does contain real butter, Post misrepresented that in fact it also contains margarine. The plaintiffs initiated suit … Continue Reading
The University of Illinois sued Ted O’Malley, the seller of shirts that feature the University’s former symbol, “Chief Illiniwek,” and the phrase “Make Illinois Great Again” for trademark and copyright infringement, false advertising, trademark dilution, various common law torts, and violations of Illinois consumer protection laws in March of this year. The University owns various … Continue Reading
An Illinois federal court recently rejected packaged food company Pinnacle Foods Group LLC’s attempt to dismiss a putative class action suit against it over its line of “Wishbone E.V.O.O. Dressing- Made With Extra Virgin Olive Oil” salad dressings. The lead plaintiff allegedly purchased a bottle of the dressing in Illinois and took it across state … Continue Reading
Epic Games, Inc. (“Epic”), the company behind popular video game “Fortnite,” has refused to stand down in its copyright infringement and breach of contract suit against a 14-year-old gamer. Fortnite has seen booming success as a free, online game in which players must simply consent to the Terms of Service to create an account. The … Continue Reading
You might be aware that the President of the United States has a Twitter account. You might not be aware that each time he uses the account to post information about government business, the President opens a new “public forum” for assembly and debate. According to District Judge Naomi Reice Buchwald’s decision in Knight First … Continue Reading
Last month, Sesame Workshop, the nonprofit organization that owns the famous children’s television show Sesame Street, filed a lawsuit against STX Productions, LLC, STX Financing, LLC, and STX Filmworks, Inc. (collectively, “STX”), alleging that STX’s use of the tagline, “No Sesame, All Street,” in a new movie trailer infringed on its trademark. Sesame Workshop contended … Continue Reading
On May 14, 2018 the Supreme Court of the United States released its decision in Murphy v. National Collegiate Athletic Association. This decision invalidates the key Federal prohibition on State-authorized sports gambling businesses, the Professional and Amateur Sports Protection Act (PASPA). Under PASPA, except in connection with very narrow exemptions, States could not authorize entities … Continue Reading
In January 2016, a class action lawsuit was filed in Massachusetts against Guinness beer for misrepresenting that Guinness Extra Stout was brewed in Dublin when it is actually brewed in Canada. Plaintiff claimed that the prominent use of “Traditionally Brewed” and “St. James’s Gate Dublin” in conjunction with “Imported Guinness Extra Stout” created a false … Continue Reading
In 2016, People for the Ethical Treatment of Animals (“PETA”) brought an action on behalf of Naruto, a Crested Macaque residing in Indonesia. PETA asserted claims of copyright infringement against a wildlife photographer who published a book which included a selfie taken by Naruto using the photographer’s camera. The United States District Court for the … Continue Reading
Putative class representative Andrea Nathan renewed her efforts to hold Vitamin Shoppe, Inc. liable under California’s Unfair Competition Law, False Advertising Law, Consumer Legal Remedies Act, and breaches of express and implied warranties over Vitamin Shoppe’s “Garcinia Cambogia” dietary supplements after a California district court judge tossed the suit in February of this year. Vitamin … Continue Reading
The state of Iowa will be covering the bill in a protracted lawsuit over Iowa State University’s decision to bar a chapter of the National Organization for the Reform of Marijuana Laws (“NORML”) from using the university’s trademarks on T-shirts. ISU students won approval in 2012 to use the ISU mascot bearing a marijuana leaf … Continue Reading
Last month, the FTC announced a $1,384,500 settlement with Michael Abdelmesseh and KMA Merchant Services, LLC in a lawsuit regarding a deceptive credit card laundering scheme. The FTC alleged that the defendants telemarketed fraudulent business opportunities to consumers that involved false promises of thousands of dollars in income as commission for loans made to small … Continue Reading
Last month, a federal judge denied Frito-Lay’s motion to dismiss a lawsuit involving allegations that its “Salt and Vinegar Flavored Potato Chips” contain artificial flavors. Specifically, the plaintiffs asserted that Frito Lay: (1) did not specify the type of malic acid on the ingredient panel; and (2) falsely labeled the chips as containing no artificial … Continue Reading
