The Litigation Counsellor®
Chobani Yogurt Faces Class Claims Over Fair Trade Certified Label
On July 12, 2021, class claims were filed in federal court in the Southern District of New York against popular yogurt brand Chobani LLC, alleging that the brand misleads consumers by promoting itself as the first Fair Trade USA Dairy company.
In the complaint, named plaintiffs Jessica Austin and Peter Hoffman describe how Chobani proudly represents its products as Fair Trade Certified Dairy on the labels and boasts that when consumers purchase Chobani products, they are empowering dairy farmers and laborers, supporting safe working conditions for laborers and promoting animal care. However, the plaintiffs argue, that rather than supporting dairy workers, the so-called Fair Trade Certified Dairy Standard is a sham process that does not reflect the needs and values of workers.
Ulta Beauty Facing Claims that Virtual Makeup Try-On Programs Illegally Collects Users’ Data
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”).
McDonald’s Fights Back Against Class Allegations Surrounding AI Drive Thru Assistants
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
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.
Artists File Class Claims Against the NYPD over Destruction of Graffiti
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
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
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.
Class Claims Against Neutrogena Makeup Remover Survive Bid for Dismissal
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.
Gwyneth Paltrow’s GOOP Brand Served with Class Claims Over Exploding Candles
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
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
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.
Class Claims Filed Against Google over Contact Tracing Privacy Violations
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
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”).
Victoria’s Secret Served with Class Claims over Unpaid Employee Temperature Screenings
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
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.