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Deceptive Misrepresentation

Can of Bang Energy Drink

Do you drink Bang energy drinks? Is Bang truly “the healthiest energy drink” as its maker, VPX, claims? According to a lawsuit filed by Monster Energy Company, it’s just a lot of hype, meant to deceive consumers. The lawsuit claims damages to Monster, but it offers nothing to consumers who have been paying $2 and up per can. We’re investigating to see if a class action is needed. 

Starbucks Sour Gummies

This complaint claims that Starbucks Corporation sells gummy candies that are presented as naturally-flavored, when in reality they contain the synthetic ingredient fumaric acid.

Nestle USA Natural Bliss Creamer

How do we know that the food products we buy are up to certain standards? We rely on independent third parties to do the research that we can’t do individually and certify that the products meet those standards. However, the complaint for this class action claims that the “No GMO Ingredients” certification on Nestle USA, Inc.’s products does not come from a third party but from the company itself, and that its requirements are not as rigorous. 

Herff Jones Class Ring

Pure gold—that is, 24 karat gold—is soft, and therefore usually not suitable for jewelry. To harden gold, it is normally mixed with other metals, and the maker puts an unobtrusive stamp on the jewelry to attest to the proportion of gold, often 10K, 14K, or 18K. The complaint for this class action claims that Heff Jones, LLC stamps its class rings as having a higher proportion of gold than they actually contain.

Monat Haircare Products

Plaintiff Kelley Botallico bought haircare products from Monat Global Corporation in part because the company represented that the products were organic and would not cause damage to the hair or scalp. Unfortunately, the complaint for this California class action says that this proved not to be true and the products in fact caused itching and hair loss. 

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. 

Herbalife Event

Herbalife has a system which it touts as a way to success: sell its products, recruit others to do the same, and attend its live events. The complaint quotes a speaker as saying, “If you go to all the events, you qualify for everything—you will get rich.” According to the complaint, the events consist primarily of testimonials, which the complaint calls “emotionally manipulative” stories of “former dropouts, vagrants, bartenders, flight attendants, nurses, teachers, single mothers, used car salesmen, bus drivers, and college volleyball players–each of whom has achieved astounding success through Herbalife and through religious attendance of Circle of Success events.” The complaint describes “[l]ong scripted days of income claims accompanied by loud music, shouting, clapping, hugging, and crying” that “move the prospect toward ‘I can do this!’” However, the complaint lays out the improper ways in which some of the successful actually make their money.

Tiger Natural Gas

When plaintiff Emily Fishman received a call offering her a new and purportedly cheaper gas program, it must have sounded like a good deal. According to the complaint, the representative claimed that a rate hike of 18.8% had already begun with her current supplier, PG&E, and that PG&E had also been granted another of 33% over the next three years. The complaint claims that the rep offered a variable rate program with Tiger Natural Gas that was free and capped at 69 cents per therm. Fishman signed up to receive her gas from Tiger, but after nine months, the complaint says, she had paid far more for gas than she would have paid with PG&E, plus a “daily charge” that Tiger had never mentioned.

Blue Agave Plant

American Sugar Refining, Inc. sells its “Organic Agave Nectar” under the brand names Domino, C&H, and Florida Crystals. The complaint for this class action alleges that the products are deceptively labeled, marketed, and advertised, listing the sole ingredient as organic agave nectar and carrying the USDA label for an organic product, while in fact testing shows that they contain a non-natural, non-organic ingredient: isomaltose, a component found in high fructose corn syrup (HFCS) and other non-natural, non-organic sweeteners.

Antique Mahogany Desk

Home Depot calls itself the “world’s largest home improvement retailer,” and, according to the complaint, it encourages consumers to trust the expertise of the “highly trained staff.” However, the complaint claims that the company’s stores in California sell various dimensions, colors, and forms of lumber which the store calls mahogany, but which are not. Real mahogany is among the finest cabinetry wood in the world, prized for its beauty, durability, and reddish color, as well as for its outstanding characteristics in woodworking, like cutting, shaping, tuning, and sanding. Authentic mahogany comes from the Meliaceae family, the complaint says, but the “mahogany” at Home Depot is actually eucalyptus, which comes from the Myrtaceae family, or another wood from the Fabaceae family.