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Deceptive Labels

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. 

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.

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.

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.

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