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Deceptive Advertising

Varieties of McIlhenny Tabasco Sauce

The McIlhenny Company is agreeing to settle a class action alleging it should not have described its Tabasco sauce as being “Made in USA.” The complaint claims that the company violated California laws in making this claim on its packaging, labeling, and promotional materials because some of the ingredients came from foreign sources.

Knorr Pasta Sides, Alfredo Variety

Packaging should not promise consumers more than it delivers. Laws like California’s Fair Packaging and Labeling Act (CFPLA), a part of its Business & Professions Code, are meant to protect consumers against “deception or misrepresentation.” But the complaint for this class action claims that Unilever United States packages its Knorr Pasta Sides Alfredo product with forty percent empty space, misleading customers as to how much product they are getting for their money.

Monster Black Platinum Cable

Best Buy is settling a class action alleging that it misrepresented the need for some of its cabling products on its packaging. The complaint claims that the packaging of Monster HDMI cables falsely says that 1080p and 4K HDTVs will not work properly unless consumers use Monster HDMI cables with bandwidths of 18.0, 22.5, or 27.0 gigabits per second (Gbps).

Trader Joe's Store

Consumers are now willing to pay more for food that is all natural and not artificially flavored. Because of this, the complaint claims, Trader Joe’s hid the fact that its gummies were artificially flavored and did not label them as California or federal law requires. The complaint alleges that the candies are flavored with d-l malic acid, which is a synthetic, chemical addition and is not natural.

American Airlines Plane in Flight

How would you like to go through all the steps of booking a flight—finding a great offer, inputting your airports, choosing your flights, making sure there are no extra charges, entering your credit card info—and then, after clicking Pay Now, you discover that the price has suddenly risen by as much as $100? That’s what this complaint claims happened to Plaintiff Margaret Schultz when she tried to book flights with American Airlines. The complaint claims that American is running a bait-and-switch scheme. Among the counts, it names breach of contract and unjust enrichment, and requests monetary damages from American.

Target Store

Target and Nice-Pak Products, Inc. are settling a class action alleging that certain Target-brand toddler wipes, made by Nice-Pak, were advertised as being flushable but were not. The class action applies only to the “Buckeye” formulation for the wipes, which has been discontinued, and does not apply to the “Sigma” formulation.  

That's It Apple and Blueberry Bar Package

Consumers these days like ready-to-eat snacks, but they don’t want those snacks to have gone through a lot of processing that might change their character. That’s It Nutrition, LLC seems to meet this desire with its That’s It Bars. However, the complaint for this class action claims that this assumption comes from misleading labels. The labels depict whole fruits and vegetables, list them as their ingredient, and thus imply that the product was made from them—something that the complaint claims is impossible.

Package of SweeTarts Candies

SweeTarts, the sweet and tart candies made by Nestle USA, Inc., have been with us for more than fifty years, but they are keeping up with consumer preferences by advertising that they contain no artificial flavors. Unfortunately, the complaint for this class action claims that they do contain at least one artificial flavor, a petrochemical substance called malic acid.

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