Tag: consumer products

Claim Up to $11 Zicam Cold Medicine Class Action Settlement

Who is a Class Member

The Zicam Cold Medicine class action settlement includes “all residents of the United States of America who purchased any of the following Zicam products in the United States from February 15, 2011 through June 5, 2018:

  • RapidMelts Original
  • RapidMelts Ultra
  • Oral Mist
  • Ultra Crystals
  • Liqui-Lozenges
  • Lozenges Ultra
  • Soft Chews
  • Medicated Fruit Drops; and
  • Chewables

If you don’t qualify for this settlement, check out our database of other class action settlements you may be eligible for.

Settlement Amount

  • $16,000,000.00

Estimated Award

  • $6.16-$11.53 per product purchased, up to 5 products (without proof of purchase)

Class members who submit a valid and timely claim can receive cash payment of up to five units of the Zicam products (without requiring proof of purchase).  Claims based on purchases of six or more of the Products will require proof of purchase. Your payment will be adjusted based on the number of claims submitted, which may increase or decrease your payout.

Proof of Purchase

  • With proof of purchase, you can receive the actual price you paid for six or more Zicam products. Proof of purchase includes receipts or invoices, packaging, bottles, containers, or other documentation reflecting your purchase. If you do not submit proof of purchase, you will receive the MSRP for those products.

Claim Form

  • class action lawsuits

Zicam Cold Medicine Settlement Notes

  • Melgar v. Zicam LLC et al.
  • Case No. 2:14-cv-00160-MCE-AC
  • Pending in the U.S. District Court for the Eastern District of California

In February 2014 plaintiff Yesenia Melgar filed this class action lawsuit against Zicam LLC over allegations company falsely advertises the effectiveness of their over-the-counter cold medications. Specifically, the Zicam class action lawsuit contends that Zicam’s sales pitch that its products are “clinically proven to shorten cold”, “reduces teh durination and severity of the common cold” are bogus because Zicam products are nothing more than placebos.

According to the complaint, Zicam cold medicine products have highly diluted concentrations of its “so-called” active ingredients and have no pharmalogical effect. In fact, Melgar says that while she used the Zicam medicine as directed, she did not obtain the advertised relief from her cold symptoms. Rather, she became much sicker because she forewent other treatment, based on her belief that the Zicam cold medicine would reduce the duration of her cold.

Zicam denies the claims. Complete details about the case and settlement are provided on the Zicam cold medicine settlement website.

Class members who wish to object to or exclude themselves from the Zicam cold medicine settlement must do so by October 3, 2018. Class members who wish to participate in the settlement must submit a claim form on or before October 3, 2018.

Important Dates

  • 10/3/18: Claim Form Deadline
  • 10/3/18: Objection or Exclusion Deadline
  • 11/15/18 Final Hearing at 2:00 pm PT* (class members do not need to attend this hearing in order to receive a slice of the settlement pie).

*Settlement Class Members who wish to speak at the hearing should check www.ZicamClassAction.com to confirm that the date or time of the Hearing has not been changed.

Contact Information

  • Mail: Zicam Class Action, c/o RG/2 Claims Administration, P.O. Box 59479, Philadelphia, PA 19102-9479
  • Phone: 1-855-279-8685
  • Email: info@rg2claims.com

Class Counsel

Settlement Website

Posted on by CAWClass 1

Kettle Brand Potato Chips Contain Synthetic Ingredients, Class Action Says

The maker of Kettle brand potato chips is once again under fire over allegations its potato chips are falsely labeled as being “Made with Natural Ingredients” and containing “No Preservatives”.

Plaintiff Denise Mason filed the false advertising class action lawsuit against Diamond Foods in New York federal court this week, claiming its Kettle brand potato chips are falsely labeled as being made with natural ingredients and without preservatives, when in fact they contain the synthetic preservative citric acid.

Consumers have become increasingly conscious in purchasing less processed foods free of additives and are willing to pay more for products that are made with natural ingredients and are free of preservatives. The Kettle brand potato chips class action lawsuit says that Diamond Foods has opted to mislead consumers as to the true nature of their products in order to capitalize on this consumer health trend.

Specifically, the Kettle brand potato chips products at issue in this class action lawsuit include:

  • Organic Sea Salt & Vinegar Potato Chips
  • Salt & Fresh Ground Pepper Krinkle Cut Potato Chips
  • Backyard Barbeque Potato Chips
  • Chili Lime Potato Chips
  • Buffalo Bleu Krinkle Cut Potato Chips
  • Sour Cream and Onion Potato Chips
  • Pepperoncini Potato Chips
  • Tropical Salsa Potato Chips
  • Fiery Thai Potato Chips
  • Country Style Barbeque Potato Chips
  • Honey Dijon Potato Chips
  • New York Cheddar Potato Chips

Mason claims that the “No Preservatives” labeling deceives consumers into believing that they are receiving healthier, preservative-free potato chips. Similarly, the “Made with Natural Ingredients” representations are misleading because the Kettle brand potato chips reportedly contain the preservative citric acid – a synthetic compound produced from certain strands of the black mold fungus Aspergillus niger, which is mass produced – as well as the chemical solvent sulfuric acid.

According to the Kettle brand potato chips class action lawsuit, Mason claims she relied on Diamond Foods’ labeling and had she and other consumers known the truth, they would not have purchased the Kettle brand potato chips.

Additionally, the complaint notes that “consumers cannot discover the true nature of the Products from reading the label” and that “discovery of the true nature of the content of the Products requires knowledge of chemistry that is not available to the average reasonable consumer.”

This is not the first time Diamond Foods has been accused of falsely marketing Kettle brand potato chips. In 2015, the company settled a similar class action lawsuit alleging its Kettle brand potato chips were falsely labeled as being “natural” or “preservative-free”.

In bringing this false advertising class action lawsuit, Mason is seeking to represent a nationwide Class of consumers who purchased the Kettle brand potato chip products, along with a New York subclass. She is asking for an order requiring “proper, complete, and accurate labeling of the Products,” as well as monetary and punitive damages.

Mason is represented by Michael J. Gabrielli of Gabrielli Levitt LLP. 

The Kettle Brand Potato Chips False Advertising Class Action Lawsuit is Denise Mason v. Diamond Foods LLC d/b/a Kettle Foods Inc., Case No. 1:18-cv-06423-GHW, in the United States District Court for the Southern District of New York.

Posted on by CAWClass 7

Ben & Jerry’s Class Action Says Ice Cream Comes From “Inhumane Dairy Farms”

Ben & Jerry’s is being called to task over allegations its ice cream isn’t actually humanely sourced from “happy cows” as their advertising and packaging claims.

The Organic Consumers Association, a 501(c)(3) non-profit public interest organization filed the Ben & Jerry’s Ice Cream class action lawsuit earlier this month, alleging that the ice cream products are sourced from inhumane dairy farms and some of the products contain traces of environmentally harmful biocide. OCA was formed in 1998 and deals with crucial issues of truth in advertising, accurate food labeling, food safety, genetic engineering, children’s health, corporate accountability, environmental sustainability, and related topics.

According to the lawsuit, Unilever – the parent company of Ben & Jerry’s – markets its ice cream products as being made from milk produced by “happy cows” raised in “Caring Dairies”. Consumers are being led to believe that the ice cream they are purchasing and consuming is made using animal-raising practices that more humane than those used on regular factory-style, mass-production dairy operations, the complaint contends.

Additionally, the Ben & Jerry’s Ice Cream class action lawsuit states that Unilever portrays that their ice cream products are produced in an environmentally responsible manner, claiming their ice cream products “respect the Earth and the Environment,’ are made with ‘values-led sourcing,’ and are part of ‘Ben & Jerry’s […] long history of fighting for climate justice and finding ways to reduce the environmental impact of our business.”

However, in contrast to Unilever’s representations about climate justice and reducing environmental impact, some of the Ben & Jerry’s ice cream products contain glyphosate, a synthetic biocide suspected, including by consumers, to have detrimental environmental effects, the complaint alleges. Some of the varieties of the Ben & Jerry’s ice cream alleged to have tested positive glyphosate or its byproducts are:

  • Peanut Butter Cup
  • Peanut Butter Cookie
  • Phish Food
  • The Tonight Dough
  • Half Baked
  • Chocolate Fudge Brownie
  • Americone Dream; and
  • Chocolate Chip Cookie Dough

It is common now for consumers to consider how their food is produced and the effects of that production on animals and the environment. As a result, demand has increased for products that provide assurances regarding animal welfare and also for “green” products – that is, products that are farmed and processed using environmentally responsible practices. Consumers, as Unilever knows, are willing to pay more for products marketed this way and capitalize on this demand deceptively, the Ben & Jerry’s ice cream class action lawsuit asserts.

“By deceiving consumers about the nature, quality, and/or ingredients of the Products, Unilever is able to sell a greater volume of the Products, to charge higher prices for the Products, and to take away market share from competing products, thereby increasing its own sales and profits.”

OCA is seeking declaratory relief in the form of an order declaring Unilever’s conduct to be unlawful, as well as and injunctive relief calling for the company to include a full and clear disclosure of how its ice cream is sourced and the presence of glyphosate in its Ben & Jerry’s ice cream. They are bringing this deceptive advertising lawsuit on behalf of its members and the general public.

The Organic Consumers Association is represented by Kim. E. Richman of Richman Law Group.

The Ben & Jerry’s Ice Cream Class Action Lawsuit is Organic Consumers Association v. Ben & Jerry’s Homemade, Inc., Case No. Unknown, in the Superior Court of the District of Columbia, Civil Division.

Posted on by CAWClass 3

Claim Up To $15 Hansen’s & Hubert’s Natural Beverages Class Action Settlement

Who is a Class Member

The Natural Beverages class action settlement includes: (1) all California consumers who purchased any of 21 Hansen’s juice products (sold in bottles and boxes) or any of four Hansen’s Smoothie Nectar products between June 19, 2010 and June 12, 2015, and (2) all California consumers who purchased any of 12 Hubert’s lemonade or lemonade-tea products between June 19, 2010 and January 1, 2014.”

If you don’t qualify for this settlement, check out our database of other class action settlements you may be eligible for.

Settlement Amount

  • $3,000,000.00

Estimated Award

  • Up to $15.00

Class members who submit valid claims without proof of purchase can receive up to $5.00. Class members who submit a valid claim with proof of purchase can receive up to $15.00. You will need to select if you want to receive your payouts via paper check, e-check, or e-gift card.

Proof of Purchase

  • N/A; however if you DO submit proof of purchase, your payout will likely be higher.

Claim Form

  • class action lawsuits

Hansen’s & Hubert’s Natural Beverages Settlement Notes

  • Krinsk v. Monster Beverage Corporation
  • Case No. 37-2014-00020192-CU-BT-CTL
  • Pending in the Superior Court for the State of California, County of San Diego

In March 2015, a class action lawsuit was brought against Monster Beverage Corporation over allegations that certain Hansen’s and Hubert’s drinks were labeled as being “natural” even though they reportedly contained synthetic or artificial ingredients and/or added colors.

Monster disputes the allegations and denies any liability. However, the company agreed to settle to avoid additional expenses and interference with its operations. Customers who purchased Hansen’s Natural Juices, Hansen’s Smoothie Nectars, Hubert’s Lemonades or Hubert’s Half & Half Lemonade Teas in the state of California between June 19, 2010, and June 12, 2015 and who submit a valid claim form will be compensated.

Complete details about the case and settlement are provided on the Natural Beverages settlement website.

Class members who wish to object to or exclude themselves from the Telenav TCPA settlement must do so by August 16, 2018. Class members who wish to participate in the settlement must submit a claim form on or before August 28, 2018.

Important Dates

  • 10/12/18: Claim Form Deadline
  • 10/12/18: Objection or Exclusion Deadline
  • 9/14/18: Final Hearing at 9:00 am PT* (class members do not need to attend this hearing in order to receive a slice of the settlement pie).

*Settlement Class Members who wish to speak at the hearing should check www.NaturalBeverageSettlement.com to confirm that the date or time of the Hearing has not been changed.

Contact Information

  • Mail: CPT Group Inc., 50 Corporate Park, Irvine, CA 92606
  • Phone: 1-888-404-0507

Class Counsel

Settlement Website

Posted on by CAWClass 0