The Litigation Counsellor®

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On June 24, 2021, class claims were filed in the Circuit Court of Cook County, Illinois against popular cosmetic retailer Ulta Beauty Inc. alleging that the company has been illegally collecting, storing and using biometric identifiers and biometric information collected via its Virtual Beauty Programs without consent, in direct violation of the Illinois Biometric Information Privacy Act (“BIPA”).

On June 25, 2021, fast-food giant McDonald’s Corporation urged Northern District of Illinois Eastern Division Judge Charles R. Norgle, Sr. to toss out class claims alleging that the voice recognition technology utilized by the company’s drive-thru artificial intelligence (“AI”) voice assistant collects customers’ voiceprint biometrics without permission.

Class Claims Filed Over Carcinogen Found in Neutrogena Sunscreen

Elizabeth DiNardo, Esq. | Associate Counsel

On June 21, 2021, skincare giant Neutrogena was served class claims in federal court in the Central District of California alleging that the company’s sunscreen products contain dangerously high levels of benzene, a carcinogenic impurity that has been linked to leukemia and other cancers.

On June 1, 2020, class claims were filed in federal court in the Eastern District of New York by a group of artists who alleged that the New York City Police Department (“NYPD”) and the City of New York violated the Visual Artists Rights Act by its willful destruction of a work of visual art during its ongoing campaign to clean up graffiti.

NYC Restaurants File Class Claims Against Food Delivery Apps

Elizabeth DiNardo, Esq. | Associate Counsel

On June 7, 2021, popular food delivery services Grubhub, Seamless, Postmates, UberEats and DoorDash were served with class claims in federal court in the Southern District of New York, alleging that the companies are “bleeding New York City restaurants dry” by charging fees while collecting millions of dollars at the restaurants’ expense, in what the plaintiff referred to as a blatant disregard of the laws of the City of New York.

Pennsylvania Female Teachers Bring Class Claims Over Gender Pay Gap

Elizabeth DiNardo, Esq. | Associate Counsel

On June 8, 2021, class claims were filed in federal court in the Eastern District of Pennsylvania against the Central Bucks School District (“the District”), by a group of female teachers who alleged that the District violated their rights under the federal Equal Pay Act.

In the complaint, named plaintiff Dawn Marinello described how she began working as a teacher within the District in 2016, entering the position with substantial career experience as an educator. Plaintiff alleged that she was expressly told by the District that salaries were decided by factors within a proscribed Salary Schedule and that the gender of the teacher did not impact their compensation.

On May 28, 2021, U.S. Chief District Judge for New Jersey, Freda L. Wolfson, partially shot down a bid by Johnson & Johnson unit, J&J Consumer Inc. (“JJCI”), to dismiss class claims, alleging that the defendant’s popular Neutrogena brand makeup remover wipes caused adverse skin reactions by upholding eight of the 10 counts comprising the claims.

 

On May 17, 2021, class claims were filed in federal court in the Central District of California against actress Gwyneth Paltrow’s luxe lifestyle and wellness brand, GOOP Inc., alleging that the company’s kitschy “This Smells Like My Vagina” candle may explode during normal use.

Nestlé Facing Class Claims over Ingredients in Sparkling Water

Elizabeth DiNardo, Esq. | Associate Counsel

On May 2, 2021, class claims were filed in federal court in the Southern District of New York against Nestlé Waters North America, Inc. (“Nestlé”) alleging that the company actively misled consumers as to the true ingredients of its Poland Spring brand sparkling water.

Class Claims Filed Against Volkswagen over Prank Name Change

Elizabeth DiNardo, Esq. | Associate Counsel

On April 30, 2021, class claims were filed in federal court in the Central District of California by a group of investors against Volkswagen AG, Volkswagen Group of America Inc. (“VWoA”) and two of the company’s executives, CEO Scott Keogh and Volkswagen head of communications, Mark Gillies, concerning the automaker’s poorly planned April Fools prank in which it announced its intention to change its name to Voltswagen.

On April 27, 2021, class claims were filed in federal court in the Northern District of California against tech giant Google LLC (“Google”) alleging that the COVID-19 contact tracing technology the company co-created with Apple has exposed users’ private personal and medical information. The suit claims that the sensitive data was retrievable by numerous third parties, and also by other contact tracing app users who were within a certain proximity of a fellow user.

Sara Lee Faces Class Claims Over Pound Cake Ingredients

Elizabeth DiNardo, Esq. | Associate Counsel

On April 19, 2021, class claims were filed in federal court in the Northern District of Illinois against popular convenience baked goods company, Sara Lee Frozen Bakery (“Sara Lee”), alleging that the company engaged in deceptive, unfair and false merchandising practices regarding its popular All Butter Pound Cake (the “product”).

On April 15, 2021, class claims were filed in federal court in the Eastern District of California against Victoria’s Secret Stores LLC (“Victoria’s Secret”) and its parent company, L Brands Inc., by a group of employees who alleged that they were denied payment for all hours worked because of company compelled temperature screenings while off the clock.

Whole Foods Faces Class Claims Over Sparkling Water Ingredients

Elizabeth DiNardo, Esq. | Associate Counsel

On April 11, 2021, class claims were filed in federal court in the Southern District of New York against grocery store chain Whole Foods Market Group Inc. (“Whole Foods”) alleging that it engages in false, deceptive and misleading advertising in relation to its Lemon Raspberry Italian Sparkling Mineral Water (“the Product”), which depicts pictures of fresh lemons and raspberries on the label.