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Deceptive Advertising

Izze Sparkling Drinks

Izze Sparkling beverages claim to have “No Added Sugar” and “No Preservatives.” But the complaint for this class action claims that these promises are false, even if, in one case, they may be literally true. The complaint claims that the drinks do contain preservatives (citric acid and ascorbic acid) and that the “No Sugar Added” claims lead consumers, falsely, to expect that the drinks are low-calorie.

Tommy Hilfiger Outlet

Tommy Hilfiger runs outlet or factory stores that sell its clothing at lower prices than its main stores. But the complaint for this class action claims that the lower prices do not reflect legitimately discounted merchandise but a scheme of false reference pricing, where customers are led to believe that the goods are higher quality than they actually are. 

Omni Resorts La Costa Resort & Spa

What exactly is a “resort fee” that a consumer finds added on to the price of a room at certain hotels? According to the complaint for this class action, it’s not a valid fee but a form of “drip pricing” that allows hotels to advertise artificially low prices fools consumers into thinking they’re paying less than they are.

Alessi Risotto Container

Plaintiff Anthony Buso bought Vigo Importing Company’s Alessi Autentico Premium Risotto with Porcini Mushrooms, he claims, only to find that the box was more than 70% empty. The complaint for this class action claims that the Alessi containers have too much slack fill and deceive consumers about the amount of product inside. 

Walmart Parent's Choice Rice Rusks

Plaintiff Amanda Kelly has a sixteen-month-old daughter who is allergic to milk and eggs. Before buying Walmart’s Rice Rusks, she carefully checked the package to make sure it did not contain either of these substances. However, the complaint claims that before Kelly’s daughter had even finished eating the first rice rusk, she had an allergic reaction, with itching and the emergence of red, raised hives all over her body.

Halo Top Pint Container

It’s not easy for consumers of a container of ice cream to know whether they’ve received a full pint or not. The complaint for this class action alleges that Eden Creamery, LLC, also doing business as Halo Top Creamery, regularly underfills its ice cream containers, sometimes “dramatically.” In fact, the complaint claims that the problem is well-known to the company, because its website contains a “low fill form response” to allow consumers to report underfilled pint containers. 

Pyrex Measuring Cup

Is it fraud if a company takes a decades-old, reliable product and changes its composition to an inferior material, which is then sold under the same name? The complaint for this class action claims cites fraud, among other things, in this case on the changed composition of Pyrex from borosilicate glass to soda lime glass. 

Welch's Fruit Snacks Box

Welch’s fruit snacks were the subject of a misrepresentation lawsuit in 2015. The products were reformulated, but the complaint for this class action says that they still misrepresent their contents, leading buyers to think they’re getting healthier, fruit-based snacks when the products may contain very little of the depicted fruit and a lot of sugar. 

Hobby Lobby Store

If a company says it “always” sells an item at a markdown, what is the item’s “regular” price? The complaint for this class action says that Hobby Lobby Stores offer false discounts that apply only to prices at which the merchandise never sells—a variation on the “false reference pricing” allegations made at many outlet or “factory” stores.

NutriMost Logo

NutriMost is settling a case brought by the Federal Trade Commission (FTC) alleging that the company’s claims for its Ultimate Fat Loss System are false. NutriMost advertised its system as a new technology that would allow users to lose 20 to 40 pounds or more in 40 days, safely and without following a restrictive diet.