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Mislabeling of Materials as Higher-Quality Materials

Wellspun Sheets on Bed

Welspun USA, Inc., Welspun India Limited, and Welspun Global Brands Limited are settling a class action alleging that they improperly labeled certain of their products as being made from Egyptian cotton or pima cotton. The products at issue include, but are not limited to, the items listed in Exhibit C to the Settlement Agreement.

Can of Cento "San Marzano" Tomatoes

San Marzano tomatoes are special. They are grown in a particular region of Italy which gives them a firm pulp, sweet flavor, and low acidity. Because they are so desirable, they sell at higher prices, and other tomatoes are often fraudulently labeled as San Marzano tomatoes. The complaint for this class action alleges that Cento Fine Foods, Inc. is one of the companies who falsely label their canned tomatoes as San Marzano tomatoes.

Two Red Snapper

It seems that it’s not uncommon for stores to mislabel the fish they’re selling as more desirable types. This class action alleges that Stew Leonard’s, Inc. mislabels some of its fish as red snapper and sockeye salmon. 

Three Jamba Juice Smoothies

Jamba Juice has over 800 retail locations in the US, but are consumers buying their smoothies because they’ve been misled about their contents? The complaint for this class action alleges that the company’s advertising is blatantly false, promising “whole” ingredients when the drinks are actually made from juices, concentrates, and other not-so-healthy ingredients.

Two Clean Whey Protein Bars

The complaint for this class action makes a complex calculation of the ingredients in Premier Nutrition Corporation’s PowerBar brand Clean Whey Protein Bar and alleges that the marketing of the bar as “clean whey protein” is deceptive. The proportion of whey isolate is too small, it claims, and the bar also uses an artificial sweetener.

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.

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.