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Deceptive Advertising

Woman's Shoulder and Upper Arm Taped Up with Rocktape

RockTape’s tagline is “Go stronger, longer.” The complaint for this class action brings suit against its maker, Tumbleweed, and its owner, Implus Footcare, LLC, claiming that that and other statements about the benefits of RockTape are simply not true.

Kona Beer Varieites

Craft Brew Alliance, Inc. (CBA) is settling a class action alleging it gave consumers the impression that its Kona Brewing Company Beer was brewed in Hawaii. The complaint claimed that the beer was deceptively advertised, because it is brewed in the continental US. 

Package of Reese's "White" Peanut Butter Cups

Among the treats made by the Hershey Company are Reese’s Peanut Butter Cups. It sells these in three varieties: milk chocolate, dark chocolate, and “white.” This complaint alleges that the company intentionally misleads consumers to think that the “white” variety is made with white chocolate, when that is not the case. 

Bottle of MegaFoods Maitake Gold 404

FoodState is putting aside over $2 million to settle a class action concerning its MegaFoods and Innate Response Formula vitamin supplement brands. The complaint alleged that the labeling, packaging, and websites for the vitamins were misleading and violated consumer protection laws.

New York & Company Storefront in California Mall

The retailer New York & Company is settling a class action involving both its retail stores and its outlets. The complaint alleged that both retail stores and outlets advertised false discounts on merchandise.

CVS Algal-900 DHA

CVS is settling a class action over its Algal-900 DHA supplement containing docosahexaenoic acid algal oil. The complaint alleged that the product was misrepresented as being “clinically shown to improve memory” or creating “clinically shown memory improvement” on its label or package. 

FilterQueen Vacuum

HMI Industries, Inc., A-1 Allergy Relief, Inc., and TD Bank, NA have settled a class action taking issue with advertising and in-home sales practices. The complaint alleged that HMI created allegedly deception promotional scratch cards that allowed its distributors to gain entry to consumers’ homes to promote their products, such as vacuum cleaners and air filters.

H&R Block Logo

Did you know that H&R Block has a free filing program for persons who earn less than $66,000 per year? No? The complaint for this class action says that’s no accident. While the company is in the Free File Program, the complaint says, it deliberately hides that program from taxpayers and attempts to divert them to paid filing programs. The complaint claims that this behavior violates California laws, breaches contracts, and results in unjust enrichment.

Eddie Bauer Ad with Three People on Peak Looking at Distant Mountains

Class actions have been brought against number of famous brands for false “original” pricing in their outlet stores on merchandise that was made to be sold cheaply. This case alleges a new twist on such false reference pricing, by extending it to a company’s main stores, catalog, and website. The complaint claims that Eddie Bauer, LLC’s clothing and other goods are not expected to be sold at their original prices. It claims that the majority of the time, the company runs “sales” offering certain percentage discounts, sometimes on “everything.” 

Container of Edy's Vanilla

The complaint for this class action quotes an article in the Chicago Tribune when it says, “By some estimates, two-thirds of ‘all ice cream eaten is either vanilla or vanilla with something stirred into it, like chocolate chips.’” But is it really vanilla? The complaint alleges that in the case of Dreyer’s and Edy’s, both made by Nestle Dreyer’s Ice Cream Company, vanilla is not what a reasonable consumer expects. 

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