Tag: False Advertising

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

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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

$650K McIhenny Tabasco Made in the USA Class Action Settlement (CA Only)

Who is a Class Member

The McIlhenny Tabasco Made in USA Class Action Settlement includes “all retail consumers who made purchases in California of any McIlhenny Company products, including but not limited to pepper sauces, condiments, jellies and giftware, over a period beginning four years prior to September 15, 2015 up to March 19, 2018.”

Note: McIlhenny Company products include but is not limited to products manufactured or sold by McIlhenny as well as products bearing its name that were manufactured for or under license from McIlhenny.

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

Settlement Amount

  • $650,000.00

Estimated Award

  • $2.50 Cash without proof of purchase or Full Cash Refund with proof of purchase

Class members who submit a valid and timely Claim Form, will receive benefits as follows:

  • Cash payment of $2.50 without the need to present a receipt; or
  • Cash payment equal to the amount of all purchases of Tabasco brand products during the Class period for which proof of purchase is submitted.

Proof of Purchase

  • N/A. However, if you do not submit proof of purchase, you can only receive a one-time $2.50 cash payout. If you provide proof of purchase, then you can claim a full refund for each product purchased.

Claim Form

  • class action lawsuits

McIhenny Tabasco Made in the USA Settlement Notes

  • Iraj Dowlatshahi v. McIlhenny Company
  • Case No. 30-2017-009911222-CU-NP-CXC
  • Pending in the Superior Court of California, County of Orange

This class action lawsuit arises from allegations that McIlhenny Company unlawfully labeled its Tabasco brand products and condiments as being “Made in the USA” when they actually contain foreign-sourced ingredients.

McIlhenny denies that it did anything wrong but agreed to settle in order to avoid the cost of continued litigation. In addition to monetary compensation, McIlhenny has made changes to its packaging, labeling and promotional materials of its Tabasco brand products.

Complete details are provided in the Settlement Agreement. The Settlement Agreement and other related documents are available on the McIlhenny Tabasco Made in USA Settlement website.

Class members who wish to excludes themselves or object to the terms of the McIlhenny Tabasco Made in USA Settlement must do so by June 18, 2018. Class members who wish to submit a claim must do so by June 18, 2018.

Important Dates

  • 6/18/18: Claim Form Deadline
  • 6/18/18: Objection or Exclusion Deadline
  • 8/29/18: Final Hearing at 1:30 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.McIlhennySettlement.com to confirm that the date or time of the Hearing has not been changed.

Contact Information

  • Mail: Dowlatshahi v. McIlhenny Settlement Administrator, Kurtzman Carson Consultants, P.O. Box 404054, Louisville, KY 40233-4054
  • Phone: 1-866-629-1057

Class Counsel

Settlement Website

Posted on by CAWClass 0

Claim $10-$35 In Cash or Store Credit Best Buy, Monster HDMI Cable Class Action Settlement

Who is a Class Member

You are a member of the Best Buy, Monster HDMI Cable Class Action Settlement if you “bought a Monster HDMI Cable with an advertised bandwidth exceeding 10.2 Gbps in the United States between August 25, 2011 and March 6, 2018.”

Pictures of the product packaging that are included in this Settlement are posted here. Note that the Monster HDMI cables that are included in this Settlement were not sold at Target or Walmart.

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

Estimated Award

  • $10 – $35 in Cash or Store Credit

Your actual payout will depend on which type of Monster HDMI Cable you purchased and whether you can provide proof of purchase. In short, the benefit options are:

Option A: Cash Payment

  • $10 for each Monster Gold HDMI Cable purchased;
  • $10 for each Monster HDMI cable purchased with an advertised bandwidth exceeding 10.2 Gbps and that is not a Monster Gold, Platinum or Black Platinum model cable;
  • $13 for each Monster Platinum HDMI Cable purchased;
  • $18 for each Monster Black Platinum HDMI Cable purchased.

NOTE: Proof of purchase is required for Option A.

Option B: Cash Payment and Replacement Cable

  • $15 for each Monster Gold HDMI Cable purchased;
  • $15 for each Monster HDMI cable purchased with an advertised bandwidth exceeding 10.2 Gbps and that is not a Monster Gold, Platinum or Black Platinum model cable;
  • $25 for each Monster Platinum HDMI Cable purchased;
  • $35 for each Monster Black Platinum HDMI Cable purchased.

NOTE: Proof of purchase is required for Option B and you will need to mail your existing HDMI cable to the Settlement Administrator. You will receive a 10.2 Gbps cable as well as postage reimbursement up to $5.00.

Option C: Monster Online Store Credit

  • $20 credit on Monsterproducts.com for each Monster Gold HDMI Cable purchased;
  • $20 credit on Monsterproducts.com for each Monster HDMI cable purchased with an advertised bandwidth exceeding 10.2 Gbps and that is not a Monster Gold, Platinum or Black Platinum model cable;
  • $25 credit on Monsterproducts.com for each Monster Platinum HDMI cable purchased;
  • $30 credit on Monsterproducts.com for each Monster Black Platinum HDMI Cable purchased.

Proof of Purchase

  • If you wish to receive a cash payment, you will need to provide proof of purchase such as a receipt, credit card statement, or picture of the HDMI cable box. To receive store credit, no proof of purchase is required.

Claim Form

class action lawsuits

Best Buy Monster HDMI Cable Settlement Notes

  • Amy Joseph and Robert O’Brien, et al. v. Monster, Inc., Best Buy Stores, LP, and BestBuy.com LLC
  • Case No. 2015 CH 13991
  • Pending in the Circuit Court of Cook County, Illinois

This class action lawsuit challenges the advertising and sale of certain Monster high speed HDMI cables with bandwidths advertised to exceed 10.2 gigabits per second. Specifically, the plainitffs contend that the packaging on Monster HDMI cables enticed them to purchase higher bandwidth and therefore more expensive HDMI cables than they needed to make their televisions work.

According to the Best Buy Monster HDMI Cable lawsuit, an HDMI cable with a bandwidth of 10.2 Gbps is sufficient enough to make 1080p and 4k televisions work. However, Monster represents on certain HDMI cable packaging that consumers need higher bandwidth to make these T.V.s work.

The defendants deny any wrongdoing but agreed to settle the case.

Complete details about the case and settlement are provided on the Best Buy Monster HDMI Cable Settlement website.

Class members who wish to exclude themselves or opt-out of the settlement must do so by June 18, 2018. Class members who wish to submit a claim must do so by July 23, 2018.

Important Dates

  • 7/2318: Claim Form Deadline
  • 6/18/18 Exclusion or Objection Deadline
  • 8/29/18: Final approval hearing at 2:30 pm CDT (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.HDMICableSettlement.com to confirm that the date or time of the Hearing has not been changed.

Contact Information

  • Mail: Joseph v. Monster, c/o Angeion Group, 1801 Market Street, Suite 660, Philadelphia, PA 19103
  • Phone: 1-844-357-8803
  • Email: HDMICableSettlement@AdministratorClassAction.com

Class Counsel

Settlement Website

Posted on by CAWClass 0