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,
Class Action
Judge Dismisses Some Country of Origin Claims Against Guinness Beer
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…
Naked Juice Urges California Court to Defer to FDA on Use of “No Sugar Added”
Naked Juice, which is owned by PepsiCo (“Naked”), filed a Motion for Summary Judgment in a pair of class action lawsuits that claim its “No Sugar Added” labels on coconut water and orange juice are misleading and deceptive. Naked’s argument is that the U.S. Food and Drug Administration (“FDA”) already cleared use of the “No…
SoulCycle Settles Gift Card Lawsuit For Up To $9.2 Million
Popular indoor cycling company SoulCycle Inc. recently settled a nationwide putative class action in an agreement valued between $6.9 million and $9.2 million. The suit alleged that SoulCycle defrauded customers by selling gift certificates with expiration dates (and keeping the expiring, unused balances), in violation of state and Federal law. According to the complaint, SoulCycle…
Caffeine Crash: Court Denies Class Certification for Consumers Contesting Caffeine Content
A United States district court recently tossed a certification bid by a putative class of consumers who alleged that popular energy-shot, 5-Hour Energy, deceptively marketed its effectiveness.
The action arises out of what appears to be a unique take on a traditional “slack fill” claim—that is, a case where the core allegation is that a…
Customers Sue Darden Restaurants Over Information on Receipts
A class action lawsuit was recently filed against Darden Restaurants, Inc. (“Darden”), alleging that Darden violated the Fair and Accurate Credit Transactions Act (“FACTA”).
Specifically, the plaintiffs alleged that Darden, which includes Olive Garden among its restaurant chains, violated FACTA by printing the full expiration date on credit card receipts, allowing potential identity thieves to…
Consumer Protection Class Action Lawsuit Over “Free” Candy Crush Plays Will Proceed
A class action lawsuit against the developer of Candy Crush will continue in Illinois federal court. According to the complaint, Candy Crush, a popular mobile game, entices users into sharing the game with Facebook friends in exchange for free “lives” (or plays) only to have those lives promptly deleted. The plaintiffs allege that the lives…
Athletic Tape Manufacturer Settles False Advertising Litigation for $1.75 Million
A class action lawsuit recently settled with KT Health LLC and KT Health Holdings LLC (“KT Health”). The plaintiffs alleged that certain advertising claims regarding KT Health’s KT Tape (kinesiology tape) was false and deceptive.
Specifically, the plaintiffs alleged that KT Health claimed that its KT Tape “can be used for hundreds of common injuries”…
Federal Court Holds That Casino In Video Game App Is Not A Gambling Device
A Federal court in Illinois dismissed a class action lawsuit against Machine Zone, Inc. Machine Zone is the maker of the popular “Game of War” mobile app. Although the app can be downloaded for free, a portion of the game, known as the “Casino” permits players to receive free spins on a virtual wheel. A…
New York Marathon Settles Illegal Lottery Litigation
Last week, the New York Road Runners (“NYRR”) settled a class action lawsuit regarding their famed New York City Marathon and other New York-area races. The class action lawsuit was filed in March 2016, alleging that NYRR charged prospective runners a non-refundable processing fee of up to $11, whereby the entrants had a chance to…