December 23, 2022 – Intellectual Property
Google Accused of Trademark Infringement by Analytics Platform Visier
HR analytics software company Visier Inc. has sued Google LLC for trademark infringement in San Francisco federal court, alleging Google’s Vizier machine-learning software is likely to confuse potential consumers.
In its lawsuit, Visier argues that the similarity of the companies’ names and products — Visier for plaintiff and Vizier for defendant — could mislead consumers into thinking that Google’s software uses Visier’s technology, or that Visier is “simply reselling or repackaging Google technology.”
According to the complaint, Visier’s “people analytics” platform takes data and “applies cutting-edge machine learning algorithms to deliver insightful predictions.” Visier asked the court for an unspecified amount of money damages and an order blocking Google from using the Vizier name.
December 22, 2022 – Consumer Fraud
Ovulation Test Kits Allegedly Marketed With Deceptive Claims
In Brooklyn federal court, manufacturers and sellers of several popular ovulation test kits are accused in a proposed class action of making false and misleading claims about the products, which allegedly fail to actually test whether a woman is ovulating.
The complaint asserts that multiple brands of ovulation test kits sold by Abbott Laboratories, Procter & Gamble, Target, Walmart, CVS and others are promoted with claims intended to deceive customers into purchasing the kits to determine when they are ovulating and most likely to become pregnant. However, the complaint says, defendants falsely claim that the kits test for ovulating, when they actually only test Luteinizing Hormone (LH) levels, which can spike at varying times during the menstrual cycle for a variety of reasons other than ovulation.
According to the complaint, ovulation test kits are falsely advertised with statements that suggest they provide “99% or greater accuracy,” with plaintiffs alleging that the “intentional misrepresentations” are made to capitalize on women trying to become pregnant. LH levels, the complaint says, generally rise quickly just before ovulation in women. However, these hormones are also present in varying levels for people of all genders and do not necessarily mean someone is ovulating.
December 21, 2022 – Defamation
Nicki Minaj Claims Defamation for Being Called a ‘Cokehead’
Rapper Nicki Minaj alleges in Manhattan federal court that she was defamed on social media by being called a “cokehead” who is “shoving all this cocaine up her nose.”
Defendant, a woman who goes by the Twitter name “Nosey Heaux,” has “falsely and maliciously” called plaintiff a cokehead, according to the complaint. In a different age, the complaint says, defendant’s lie would have been meaningless “because she is the ultimate ‘nobody’ but she is a nobody who has approximately 3,300 followers on Twitter.”
Minaj says in her lawsuit that in just a day following defendant’s September 12, 2022, publication of the cokehead claim, almost 2,000 people had “liked” it. More importantly, more than 260 people had retweeted it, “which led to a firestorm of social media attention which was undoubtedly caused by multiple levels of subsequent retweets.” While social media is an extraordinarily effective vehicle for spreading lies, Minaj says, it does not confer a license to do so.
December 20, 2022 – Product Liability
Class Action Says Mercedes-Benz Batteries Drain ‘Rapidly and Unexpectedly’
In a proposed class action filed in federal court in Newark, N.J., plaintiffs claim that a large number of Mercedes-Benz vehicles made between 2004 and 2022 have a “defect that causes the batteries in the vehicles to drain rapidly and unexpectedly.”
The defect causes the battery to suddenly drain, preventing the car from starting, potentially stranding the occupants and endangering their safety, according to the complaint. As a result of the defect, the complaint says, the cars are unsafe, unreliable and undesirable.
Based on customer complaints, repair data and other internal sources, Mercedes knew or should have known about the existence of the defect and its consequences, plaintiffs allege in their lawsuit. “Nevertheless, Mercedes has never offered to repair the Electrical Drain Defect or otherwise compensate Class Members for their injuries resulting from the defect which it has not repaired.”
December 19, 2022 – Privacy
CNN Accused of Unlawfully Sharing Digital Subscriber Data With Facebook
CNN.com shares its digital subscribers’ personal video viewing information with Facebook in violation of the Video Privacy Protection Act (VPPA), alleges a proposed class action filed in Chicago federal court.
Plaintiff claims in her suit that CNN’s parent company, Warner Bros. Discovery, violates VPPA by disclosing its digital subscribers’ identities and video viewing habits to Facebook without proper subscribers’ consent. The VPPA, according to the complaint, prohibits video providers such as CNN.com from knowingly disclosing consumers’ personally identifiable information to third parties without express consent.
Through a Facebook pixel code installed on CNN.com, the complaint says, the company has been tracking when digital subscribers enter CNN.com and view video media and sharing that information with Facebook. “Put simply,” plaintiff argues, “the pixel allows Facebook to know what Video Media one of its users viewed on CNN.com. Thus, without telling its digital subscribers, Defendant profits handsomely from its unauthorized disclosure of its digital subscribers’ Personal Viewing Information to Facebook.”
December 16, 2022 – Consumer Fraud
Pyrex Measuring Cups Falsely Advertised as ‘Dishwasher Safe,’ Lawsuit Claims
In Chicago federal court, a proposed class action alleges that Pyrex measuring cups are not worth the money consumers pay for them because the red measuring lines wash off easily in a dishwasher, rendering them useless.
Plaintiff filed her suit against Instant Brands, which manufactures and markets the product. The ads for the measuring cups, plaintiff says, inform consumers that the product is “dishwasher safe”— the ads appearing both on the company website and on the websites of the retailers who stock the product.
“However, the Product is not dishwasher safe because the measurement markings fade and disappear when the cups are washed in a dishwasher,” plaintiff claims in her suit, adding that “According to hundreds of customer complaints, the markings can often disappear in as little as one wash.”
December 15, 2022 – Constitution
Texas A&M Said to Engage in Illegal Affirmative Action
A finance professor at Texas A&M University claims in a proposed class action filed in Houston federal court that the university has an unconstitutional policy of hiring female and non-Asian minority professors over white and Asian men.
Federal law, the complaint says, prohibits universities that accept federal funds from discriminating on account of race or sex, and Texas A&M is “flouting these requirements by using race and sex preferences in faculty hiring and compensation — a practice that violates the clear and unequivocal text of Title VI and Title IX [of the civil rights laws], as well as the Equal Protection Clause of the Fourteenth Amendment.”
Plaintiff alleges in his lawsuit that Texas A&M, along with nearly every university in the United States, discriminates on account of race and sex when hiring its faculty, by giving discriminatory preferences to female or non-Asian minorities at the expense of white and Asian men. “This practice, popularly known as ‘affirmative action,’ has led universities to hire and promote inferior faculty candidates over individuals with better scholarship, better credentials, and better teaching ability,” plaintiff argues, saying that Texas A&M’s affirmative action policies bar him from getting a faculty job because he is white.
December 14, 2022 – Product Liability
Tracpatch Health Faces Lawsuit Over Alleged Defective Hip Replacement
Plaintiff alleges that Tracpatch Health Inc. developed and serviced him with a hip replacement device that was defective and unreasonably dangerous, in a suit filed in federal court in Jacksonville, Fla.
In his suit, plaintiff says he selected Tracpatch’s product, the Consensus Hip System, as replacement for his damaged natural hip. The consensus hip system, according to the complaint, was cleared by the Food & Drug Administration under Section 510(k) of the Food, Drug, & Cosmetic Act, meaning that it did not have to go through any clinical study to gain clearance — a pathway that “allows devices to avoid clinical study and any testing for safety or efficacy.”
Defendant should have known that this pathway did not adequately assess the efficacy and safety of its product, plaintiff argues. Once the hip system was implanted, it withered and fell apart, which resulted in heavy metal poisoning and “ultimately the total failure of the implant,” plaintiff claims.
December 13, 2022 – Disability Act
People With Disabilities Sue Over Homeless Use of Portland Sidewalks
People with disabilities in Portland, Ore., have sued the city in federal court there, saying they can’t navigate city sidewalks because of sprawling homeless encampments.
The proposed class action alleges the city has violated the Americans with Disabilities Act by allowing homeless peoples’ tents to block city sidewalks, making use of the pedestrian walkways difficult for people using wheelchairs, walkers or canes. A substantial number of the city’s sidewalks, the complaint says, are blocked by tent encampments and attendant debris, “rendering the sidewalks inaccessible, dangerous, and unsanitary for people with mobility disabilities.”
The lawsuit seeks to require the city to clear all sidewalks of tent encampments and debris, and to “construct, purchase, or otherwise provide for emergency shelters in which to house the unsheltered persons” who may be affected. About 13% of Portlanders live with a disability, according to the complaint, including 6% with mobility impairments and 2.4% with visual impairments.
December 12, 2022 – Cybersecurity
Samsung Hit With Lawsuit Over Consumer Data Breach
Samsung Electronics America Inc. failed to protect the private information of thousands of people whose information was stolen in an August 2022 cyberattack, alleges a proposed class action filed in federal court in Las Vegas, Nev.
Plaintiff says in his suit that the cyberattack occurred on or around August 4, and Samsung customers weren’t notified until nearly a month later. Personal information stolen in the attack, plaintiff claims, included names, contact and demographic information, date of birth, and product-registration data.
As a result of Samsung’s negligence, the complaint states, plaintiff and the proposed class members were harmed and forced to take remedial steps to protect themselves from future loss. “Indeed, Plaintiff and all of the Class Members are currently at a very high risk of misuse of their Private Information in the coming months and years, including but not limited to unauthorized credit card charges, unauthorized access to email accounts, identity theft, and other fraudulent use of their financial accounts,” according to the complaint.
December 9, 2022 – Intellectual Property
Meta Faces Trademark Infringement Suit by Investment Firm Metacapital
Investment firm Metacapital Management LP has sued Meta Platforms Inc., the parent company of Facebook, alleging Meta’s use of the Meta name to provide financial services would cause customer confusion and violate plaintiff’s trademarks.
According to the complaint filed in Manhattan federal court, Meta Platforms rebranded from Facebook in October 2021 to reflect its focus on the metaverse, a shared virtual realm. It applied to register Meta-related trademarks in January related to a range of financial services, including “investment management services.”
Defendant’s actions are likely to cause confusion among Metacapital’s current and potential customers, the complaint argues, adding that plaintiff sent Meta Platforms a cease-and-desist letter in May, and that the companies have been unable to resolve the dispute outside of court.
December 8, 2022 – Securities
Invisalign Maker’s Ex-Vice President Accused by SEC of Insider Trading
A former vice president at Align Technology Inc. has been accused by the Securities & Exchange Commission of trading on confidential information about the company’s Invisalign teeth straighteners.
Todd C. Doucette, 50, made nearly $349,000 in illegal profits by buying Align shares ahead of company earnings announcements in April 2018 and October 2020, the SEC says in a civil suit filed in federal court in New Hampshire. Align is a publicly traded company that designs and manufactures medical devices for orthodontic and restorative treatment, the complaint says, and Doucette worked at the company from March 2016 to July 2021, most recently serving as vice president of business transformation for the Americas.
In his role, the SEC says, Doucette obtained nonpublic information concerning the financial performance and business operations for Align’s Americas region in advance of the company’s earnings announcement for the first quarter of 2018 and the third quarter of 2020. He learned that Align had exceeded financial expectations for its Americas region. As a senior-level employee of Align, the SEC says, Doucette owed the company a duty of trust and confidence, which explicitly prohibited him from trading on the basis of material, nonpublic information.
December 7, 2022 – Privacy
California Hotel Alleged to Unlawfully Record Cellphone Calls
A Hilton hotel in Santa Monica, Calif., recorded thousands of people’s cellular telephone calls without warning or notification, in violation of California’s Invasion of Privacy Act (CIPA), alleges a proposed class action filed in Los Angeles federal court.
The California State Legislature passed the CIPA in 1967 to protect the right of privacy of the people of California, the complaint says, adding that the act was amended in 1992 due to specific privacy concerns over the increased use of cellular and cordless telephones. The amended act, according to the complaint, “prohibited intentionally recording all communications involving cellular and cordless telephones, not just confidential communications.”
In his suit, plaintiff claims the hotel routinely recorded his calls without providing the required notification. The actions of defendant, plaintiff argues, were “knowing, willful, and intentional, and Defendant did not maintain procedures reasonably adapted to avoid any such violation.”
December 6, 2022 – Product Liability
Tylenol Class Action Filed Over Titanium Dioxide Coloring Side Effects
Johnson & Johnson (J&J) has been accused in a proposed class action of failing to disclose that pain reliever Tylenol contains allegedly harmful food coloring additives, including titanium dioxide that has been linked to toxic side effects.
The complaint, filed in San Diego federal court, claims that J&J fraudulently conceals that Tylenol pills contain titanium dioxide, which can build up in the human body and cause DNA changes and organ damage.
Plaintiff says in her lawsuit that studies have shown titanium dioxide causes pathological lesions of the liver, spleen, kidneys and brain, as well as lung tumors, inflammation, and dysfunction in the kidneys. Yet despite knowledge about the potential toxic effects of titanium dioxide, plaintiff alleges, J&J continues to sell Tylenol Extra Strength, Tylenol Extended Release, Tylenol Cold + Flu Multi-Action, Tylenol Cold + Flu Severe, Tylenol PM, Tylenol Rapid Release Gels, and Tylenol Regular Strength Liquid Gels, without disclosing the health risks to consumers or even indicating that the products contain titanium dioxide.
December 5, 2022 – Consumer Fraud
Gerber Hit With Class Action Over Baby Food Nutrient Claims
Gerber Products Co. faces a proposed class action in San Francisco federal court, accusing the company of misbranding its baby and toddler food products by making overblown nutrient content claims that violate Food & Drug Administration (FDA) rules.
Those misstatements, according to the complaint, lead purchasers into believing Geber baby food provides physical health benefits that in fact it does not. “Intending to profit from parents’ increasing desire to purchase food for their young children that provides physical health benefits,” the complaint says, “Defendant misbrands its baby and toddler food products by making nutrient content claims on the product packages that are strictly prohibited by the FDA.”
“Moreover, the nutrient content claims on Defendant’s products mislead purchasers into believing that the products provide physical health benefits for children under two years of age in order to induce parents into purchasing Defendant’s products,” plaintiff alleges, adding that the products are “harmful both nutritionally and developmentally for children under two.”
December 2, 2022 – Civil Rights
Lawsuit Alleges Pfizer Fellowship Program Discriminates Against Whites, Asian-Americans
In Manhattan federal court, a group of medical professionals that advocates against “radical, divisive, and discriminatory ideology” in healthcare has sued Pfizer Inc., claiming the company runs a fellowship that illegally excludes white and Asian-American applicants.
In its suit, plaintiff Do No Harm characterizes Pfizer’s Breakthrough Fellowship Program as “discriminatory on its face” because only Blacks, Latinos and Native Americans can apply. The program, plaintiff argues, violates Title VI of the 1964 Civil Rights Act, which bans race discrimination in federally funded entities (Pfizer receives government assistance), and Section 1557 of the Affordable Care Act, which bans race discrimination in federally funded health care programs.
Do No Harm consists of two Ivy League students who, according to the complaint, meet the academic requirements for the fellowship but cannot apply because of their race. They are asking the court to block Pfizer from selecting fellows for the 2023 class and to force the fellowship to use race-blind criteria going forward. “Racial discrimination demeans us,” and Pfizer’s “open exclusion of white and Asian-American applicants is illegal,” the complaint says, citing opinions of two conservative Supreme Court justices, Clarence Thomas and the late Antonin Scalia.
December 1, 2022 – Securities
StrongBlock Bilked Crypto Investors Via ‘Lifetime’ Rewards, Lawsuit Claims
Crypto-asset seller StrongBlock promised “lifetime” rewards with the purchase of certain blockchain products but then capped those rewards in a bait and switch, a group of investors allege in a suit filed in Manhattan federal court.
The securities sold by defendant included Strongblock digital or crypto assets known as tokens and nodes, according to the complaint. Strongblock sold nodes to plaintiffs with the promise those nodes would provide daily, uncapped token rewards in perpetuity, the complaint says. However, defendant “pulled the rug out from under every node holder by arbitrarily and unilaterally capping in April 2022 the cumulative rewards that could be generated by an individual node, without notice and in contravention to their own express statements that node rewards would never go to zero”
Plaintiffs argue in their suit that StrongBlock’s blockchain crypto-assets, unlike decentralized commodities based on blockchain, “are similar to traditional securities in that they represent one’s investment in a project that is to be undertaken with the funds raised through the sale of the tokens and more specifically here, nodes.” But despite the fact that the Strongblock tokens and nodes are securities, plaintiffs say, none of them are registered with the Securities & Exchange Commission, with the result that purchasers did not have access to disclosures that accompany the issuances of traditional securities.
November 30, 2022 – Constitution
Transgender Medicaid Beneficiaries Sue Florida Over Treatment Limits
Plaintiffs, transgender beneficiaries of gender affirming care under Medicaid (including puberty blockers, cross–sex hormones and sex reassignment surgery), are suing Florida health officials, claiming a recent change in the rules that limits such care is unconstitutional.
The complaint filed in federal court in Tallahassee, Fla., alleges the rule change will have “dire emotional, physical and psychological consequences” for transgender Medicaid beneficiaries in Florida if it’s allowed to stand. The rule change, plaintiffs argue, violates the equal protection clause of the Fourteenth Amendment, the patient protection section of the Affordable Care Act and the Medicaid Act.
The new rule, the complaint says, denies coverage for gender–affirming care to treat gender dysphoria, while these same health care services are routinely covered by Medicaid when they are for medically necessary purposes other than the treatment of gender dysphoria. The purpose of Medicaid is to provide health care coverage to individuals who have low income and cannot otherwise afford the costs of necessary medical care, plaintiffs say, and by denying coverage for gender–affirming care, defendants “categorically deny access to medically necessary care to thousands of Floridians who lack other means to pay for such care.”
November 29, 2022 – Cybersecurity
Coinbase Accused of Failing to Prevent Account Hacks
Security failures on the part of cryptocurrency company Coinbase have repeatedly led to the theft of ordinary customer accounts, alleges a proposed class action filed in San Francisco federal court.
In his lawsuit, plaintiff argues that Coinbase is negligent in protecting its user accounts from “unlawful intrusion and thievery” and fails to take prompt action to mitigate those thefts after they occur. “Coinbase is acutely aware of these problems and has paid large fines to regulators,” plaintiff says. “Yet the problems persist and account holders like Plaintiff continue to be fleeced by hackers with access to Coinbase’s systems.”
Plaintiff claims hackers gained access to his Coinbase account — through no fault of his own — in April 2022 and drained it of more than $200,000 worth of funds. He seeks to represent a nationwide class of current and former Coinbase users who signed up for accounts since April 1, 2021, and who weren’t able to access or lost their funds.
November 28, 2022 – Labor & Employment
Lawsuit Claims Amazon Fulfillment Centers Favor Males Over Females
Amazon.com Inc. faces a proposed class action alleging gender discrimination in that its fulfillment centers are tailored for men, making it difficult for women to achieve, on average, production scores comparable to male employees.
Amazon’s primary concern at its large fulfillment centers is “productivity,” or moving as many packages of inventory as possible, according to the complaint filed in Santa Clara Superior Court (Calif.). Amazon enforces its productivity by imposing a quota system upon its warehouse employees, the complaint says, and these policies discriminate against female employees by inflicting significant adverse impacts upon them, when compared to Amazon’s male employees assigned to the same tasks and positions.
Plaintiff in her suit argues that Amazon in setting its production quotas fails to consider the demographic reality that, on average, adult men are significantly taller than adult women. This reality, plaintiff says, places female employees at its fulfillment centers at a significant disadvantage, “in effect, punishing them for their generally shorter stature,” which in turn subjects them to disproportionately more adverse employment actions and terminations than men on the basis of comparable male–female weekly productivity scores.
November 25, 2022 – Privacy
FTC Sues Broker for Selling Data That Could Track Health Clinic, Church Visits
The U.S. Federal Trade Commission (FTC) has sued data broker Kochava Inc. in federal court in the District of Idaho, alleging that the broker sells geolocation data from hundreds of millions of mobile devices that could be used to track consumers’ movements.
The FTC claims in its lawsuit that the consumer data could be used to trace people to and from sensitive locations including “reproductive health clinics, places of worship, homeless and domestic violence shelters, and addiction recovery facilities.” By selling this data, the agency says, “Kochava is enabling others to identify individuals and expose them to threats of stigma, stalking, discrimination, job loss, and even physical violence.”
According to the complaint, Kochava purchases vast troves of location information derived from hundreds of millions of mobile devices. The information, the complaint says, is then packaged into customized data feeds that match unique mobile device identification numbers with timestamped latitude and longitude locations, and these data feeds can be used to assist clients in advertising and analyzing foot traffic at their stores and other locations. People are often unaware that their location data is being purchased and shared by Kochava and have no control over its sale or use, the FTC says, adding that defendant’s actions violate Section 5(a) of the FTC Act that prohibits unfair or deceptive acts or practices.
November 23, 2022 – Product Liability
Apple Smart Watch SE Allegedly Not ‘Swim Proof’ as Advertised
Apple Inc. markets its Apple Watch SE as “swim-proof” even though the product, due to a defect in manufacturing, routinely fails in brief encounters with water, alleges a proposed class action filed in federal court in San Jose, Calif.
Plaintiff says in her lawsuit that she paid $279 for an Apple Watch SE based on Apple’s representations that it was swim-proof and water resistant. However, she says, after she jumped into the shallow end of a pool, she noticed that her Apple Watch began to malfunction. Plaintiff claims that she used her watch according to the device’s operating instructions and representations of its expected water-resistant capabilities.
A significant percentage of Apple Watch SE products become damaged and experience diminished functionality after being exposed to small amounts of water, the complaint says, adding that the swim-proof issue is caused by faulty sealing. Plaintiff filed her suit on behalf of all U.S. residents who purchased an Apple Watch swim-proof device since Aug. 25, 2018.
November 22, 2022 – Labor & Employment
EEOC Sues California Winery for Sexual Harassment and Retaliation
The U.S. Equal Employment Opportunity Commission alleges that Justin Vineyards & Winery LLC, a wine production company headquartered in Paso Robles, Calif., violated federal law by allowing a class of female employees to be subjected to sexual harassment.
According to the lawsuit filed in Los Angeles federal court, male managers at Justin Vineyards’ production and restaurant locations have been allowed to sexually harass female employees on a daily basis through unwanted and repeated sexual advances, sexual comments and sexually offensive conduct, including unwelcome physical contact.
Despite receiving complaints, the EEOC says, Justin Vineyards failed to properly investigate the matter or take adequate steps to prevent the ongoing sexual harassment. Instead, some female employees who complained faced retaliation or were forced to leave the workplace. In its suit, the EEOC claims such alleged conduct violates Title VII of the Civil Rights Act of 1964.
November 21, 2022 – Securities
FTX Investor Sues Cryptocurrency CEO and His Celebrity Endorsers After Bankruptcy
A proposed class action has been filed in Miami federal court against Sam Bankman-Fried, the CEO of one of the world’s largest cryptocurrency exchanges, along with many of his paid celebrity endorsers, including Tom Brady, Trevor Lawrence, Larry David and Shaquille O’Neal, among others.
The lawsuit accuses FTX of devising a fraudulent scheme to “take advantage of unsophisticated investors from across the country,” causing $11 billion in damages. Plaintiff further seeks to hold a number of the company’s famous athlete and entertainment endorsers accountable for convincing customers to purchase cryptocurrency through FTX.
“The Deceptive FTX Platform maintained by the FTX Entities was truly a house of cards, a Ponzi scheme where the FTX Entities shuffled customer funds between their opaque affiliated entities, using new investor funds obtained through investments in the yield-bearing accounts and loans to pay interest to the old ones and to attempt to maintain the appearance of liquidity,” according to the complaint. Plaintiff says in his suit that defendant Bankman-Fried violated federal securities laws, as did the celebrity endorsers who failed to perform any “due diligence” prior to their marketing of the company and by not disclosing the full amounts they were being paid in exchange for their promotions.
November 18, 2022 – Intellectual Property
Taylor Swift Accused in Copyright Suit Over ‘Lover’ Book
Author Teresa La Dart, whose book “Lover” was published in 2010, has filed a lawsuit in federal court in Memphis, Tenn., against Taylor Swift, alleging Swift stole the book’s title as well as several of its creative elements.
Swift’s “Lover” broke records, according to the complaint, becoming the top-selling album of 2019 in its first week. Plaintiff’s copyright suit targets the book that accompanied the Swift album.
La Dart claims in her suit that Swift’s book has substantially the same format and front and back covers as hers as well as a “similarly styled ‘Lover’ title” and a similar color scheme of pastel pinks and blues. Plaintiff is suing Swift for damages in excess of $1 million, claiming that she has been “irreparably harmed” and suffered both actual and statutory damages.
November 17, 2022 – Environment
Environmental Group Alleges ‘Inhumane’ Holding Pen Planned for Wild Horses
In federal court in Reno, Nev., a group advocating for wild horses is accusing federal land managers of illegally approving plans for the largest U.S. holding facility for thousands of mustangs captured on public rangeland in 10 Western states.
Friends of Animals claims in its suit that up to 4,000 horses would be held captive inhumanely for months or years at a time in dusty, manure-filled pens without shade or wind-breaks in Nevada’s high desert. “Inhumane treatment means any intentional or negligent action or failure to act that causes stress, injury, or undue suffering to a wild horse or burro and is not compatible with animal husbandry practices accepted in the veterinary community,” the complaint states, quoting federal regulations.
The proposed holding pen, plaintiff says, is part of the government’s misguided effort to appease ranchers by accelerating roundups of mustangs competing with their livestock for public forage across much of the drought-stricken West. The Interior Department’s Bureau of Land Management broke multiple environmental and animal protection laws when it “rushed through the approval process without considering the impacts of the unprecedented facility on wild horses and burros or the local community,” plaintiff argues.
November 16, 2022 – Consumer Fraud
Three Wish Cereal Faces Lawsuit Over ’More Protein’ Claims
A proposed class action has been filed in San Francisco federal court against Three Wishes Foods Inc., alleging its Three Wish Cereal products mislead customers as to the products’ protein content by failing to show protein count as a corrected daily value.
Defendant’s products are packaged in a way that leads consumers to believe that they contain elevated protein content through messages like “More protein,” according to the complaint. However, the products do not contain “the corrected amount of protein per serving, expressed as a % [daily value].” This failure, the complaint says, is contrary to Food & Drug Administration regulations and misleads consumers into buying the product at a premium price.
In her suit, plaintiff recounts the health benefits of protein, and the desire of customers to consume protein to obtain those benefits. Plaintiff contends that the defendant fails to use the FDA-required Protein Digestibility Corrected Amino Acid score, which compensates for the differing values of certain kinds of protein. “Because of the differences in benefits depending on the amino acid composition of a protein, the source of protein is important,” plaintiff argues, adding that defendant’s use of low-quality proteins means that they actually provide far less protein to humans than the product labels claim.
November 15, 2022 – ERISA
San Jose Neurospine Sues Cigna Health to Recover ERISA Claims
In San Francisco federal court, California Spine & Neurosurgery Institute — d/b/a San Jose Neurospine (SJN) — has sued Cigna Health & Life Insurance Company, alleging Cigna’s failure to pay insurance claims in accordance with the Employee Retirement Income Security Act (ERISA).
The complaint states that SJN specializes in sophisticated surgical procedures involving minimally invasive spinal procedures, and that Cigna is an administrator of health benefit plans covered by ERISA.
From April 1, 2015, to November 22, 2021, according to the complaint, SJN provided eight surgical services for seven different patients insured under Cigna health benefit plans. SJN alleges that, before each of these procedures, it contacted Cigna to verify patient coverage before performing the surgery, and Cigna confirmed coverage. Once SJN received verification that the specified procedures were covered by a Cigna ERISA plan, SJN provided the surgery services to the patients, the complaint states. However, SJN argues, Cigna has refused to pay the claims for the procedures and has failed to adequately provide an explanation.
November 14, 2022 – Products Liability
Class Action Alleges Kia Vehicles Contain Defective Power Window System
Certain Kia Optima and Sportage vehicles have a dangerous power window system defect that poses a safety hazard to drivers and occupants, claims a proposed class action filed in federal court in Santa Ana, Calif.
In their lawsuit, plaintiffs allege that 2016-2017 Optimas and 2017 Sportages have a defective power window system that may cause the automatic windows to malfunction or be non-operational over time. In some cases, plaintiffs say, the window may fall down into the car doors and cannot be rolled up again. Malfunctioning automatic windows can pose a number of risks for vehicle drivers and occupants, plaintiffs contend, noting that windows protect occupants from ejection during a crash and provide an emergency exit if the doors are damaged.
Additionally, according to the complaint, operable side windows are important for side airbag function, protection against theft, and to prevent health risks when a vehicle is parked in a hot climate. Kia knew of the defect, the complaint says, but failed to issue a recall or notify consumers.
November 11, 2022 – Constitution
University Professors Challenge Florida’s ‘Stop W.O.K.E. Act’
A group of college professors and students has filed a lawsuit in Tallahassee, Fla., challenging Florida’s “Stop WOKE Act,” which restricts how race and gender are discussed in class.
Plaintiffs, represented by the ACLU, bring this challenge to Florida House Bill 7, formally known as the Stop Wrongs Against Our Kids and Employees, which, according to the complaint, “prohibits instructors and students from expressing viewpoints disfavored by the Florida legislature on a range of topics, including systemic racism and sexism.” Rather than allow these important issues to be debated and explored in public discourse, the complaint says, the Florida legislature — spurred on by Governor Ronald DeSantis — has endeavored to impose its own viewpoints in public higher education.
In their suit, plaintiffs allege that not only does the law prohibit instructors from teaching the legislature’s disfavored viewpoints, but its vague terms generate uncertainty about when and how the law will apply, thus creating an even greater chilling effect on academic expression. The law, plaintiffs argue, abridges First Amendment freedoms by “imposing viewpoint-based restrictions on the speech of instructors and the receipt of information by students in college classrooms,” and it violates Due Process Clause prohibitions against vagueness because it is “difficult, if not impossible, for instructors to determine what is, and is not, prohibited by its terms.”
November 10, 2022 – Consumer Fraud
Lawsuit Says Lozenges Do Not Contain ‘Honey and Lemon’ as Advertised
In a proposed class action against RB Health LLC, plaintiff alleges false and deceptive practices in the marketing and sale of the company’s sore throat lozenges, “Cepacol Extra Strength Sore Throat Honey Lemon Lozenges.”
According to the complaint filed in San Francisco federal court, the front label of the product — which contains the words “honey and lemon” along with a graphic of a lemon slice and a honey dipper — leads the consumer to believe the defendant’s product contains honey and lemon. However, the complaint says, contradictory to its labeling, the product doesn’t contain those ingredients..
Plaintiff claims in her suit that she and other consumers paid for the price of defendant’s product based on the deceptive representations about its ingredients, and if the product were portrayed accurately on its labeling, consumers either would not purchase it or would pay less for it. Defendant’s lozenges are, at best, honey and lemon flavored, unlike other lozenges products on the market which actually contain the ingredients, plaintiff says.
November 9, 2022 – Privacy
Bloomberg Accused of Sharing Subscribers’ Video Watch Histories With Facebook
A Bloomberg.com digital news subscriber has sued the company for allegedly disclosing his identity and video watch history to Facebook without proper consent under the federal Video Privacy Protection Act (VPPA).
In a proposed class action filed in Manhattan federal court, plaintiff says that defendant Bloomberg L.P., as a “video service provider,” has an obligation to keep such information confidential and now must answer to the thousands of subscribers who had their privacy rights violated. Blomberg benefits from its collection of users’ video watching histories by selling their information to advertisers, the complaint argues.
Plaintiff contends that while Bloomberg admits it collects and discloses certain digital subscriber personal information to third parties, such as postal address, email, geolocation, and internet browsing history, it does not tell users that it discloses personal viewing information, as required by the VPPA.
November 8, 2022 – Environment
California Commercial Fishing Said to Kill Endangered Whales
U.S. government authorization for commercial net fishing off the California coast is putting humpback whale populations at risk of extinction, alleges a lawsuit filed by an environmental group in San Francisco federal court.
The plaintiff, the Center for Biological Diversity, claims in its suit that the National Marine Fisheries Service (NMFS), an agency within the U.S. Commerce Department, has failed to properly limit California gillnet fishing in spite of evidence showing that the practice can injure and kill whales, populations of which migrate north every year from Mexican and Central American waters. California is the only state that permits large-scale drift gillnets, plaintiff says.
According to the complaint, NMFS in 2016 identified the Mexican whale population as threatened and the Central American population as endangered under the Endangered Species Act. During the whales’ migration and feeding, they can get caught in mile-long structures called gillnets, the complaint claims, saying that the nets also kill other unintended “bycatch,” such as dolphins, sea lions and sea turtles.
November 7, 2022 – Securities
Uber Faces Class Action Alleging Stock Prices Fell After Media Leak
Plaintiff claims that he and other shareholders in Uber Technologies Inc. were financially harmed after a cache of internal files disclosing company misconduct was leaked to The Guardian, causing the company’s stock price to drop.
In a complaint filed in federal court in Oakland, Calif., plaintiff alleges that the internal documents — dubbed the “Uber Files” — revealed troubling information about the company, including its attempts to “skirt laws and regulations around the world.”
The Uber Files, plaintiff contends, also showed that the company was willing to risk the safety of its drivers in order to advance its growth, and that Uber’s senior executives were aware of and encouraged the alleged misconduct. Uber’s stock price dropped 5.15% on July 11, 2022, after the Uber Files leaked a day prior, according to the complaint. In his lawsuit, plaintiff seeks to represent a nationwide class of consumers who purchased Uber common stock between May 31, 2019, and July 8, 2022, and who were damaged financially by the Uber Files leak.
November 4, 2022 – Product Liability
JetBlue Pilot Claims Toxic Fumes in Airbus Plane Caused His Illnesses
Toxic fumes that bled from the engine of an Airbus plane caused a JetBlue pilot to suffer a brain injury and neurological problems, alleges a lawsuit the pilot filed in Manhattan federal court.
According to the complaint, the plane in question, an Airbus model A320-232, uses an “air bleed” system involving a network of ducts and valves to conduct medium to high pressure air, “bled” from the compressor section of the engine, to various locations within the aircraft. It is well documented, the complaint says, that the interior air of an aircraft utilizing such a system can become contaminated by hydraulic fluid and other substances that are toxic to humans.
“The introduction of such toxins into the cabin, where they are then inhaled by both passengers and flight crew, is foreseeable and contemplated by manufacturers and those involved with the manufacture and sale of commercial airliners including the Defendants,” plaintiff contends, adding that the model A320 aircraft has “a long-documented history” of incidents where flight crews and passengers become ill. The Boeing 787 Dreamliner, the complaint notes, does not use bleed air systems and instead utilizes electrical compressors.
November 3, 2022 – Consumer Fraud
Coca-Cola’s Margarita Beverage Does Not Contain Tequila, Lawsuit Alleges
A proposed class action filed in federal court in White Plains, N.Y., claims Coca-Cola Co. deceives consumers by making it seem as if its Topo Chico Margarita–Hard Seltzer brand has tequila in it when in fact it does not.
The marketing on the product includes “4.5% ALC/VOL,” “Margarita Hard Seltzer” and a yellow backdrop of agave plants, the source crop for tequila, according to the complaint. The front of the cans state “Naturally Flavored With Other Natural Flavors,” but this does not tell consumers the drinks are flavored beers that purport to taste like a margarita, the complaint says.
Plaintiff in her suit argues that consumers expect to receive a cocktail containing tequila when they order a margarita as this ingredient defines what a margarita is. “Merriam-Webster dictionary defines a ‘margarita’ as ‘a cocktail consisting of tequila, lime or lemon juice and an orange-flavored liqueur,’” plaintiff says.
November 2, 2022 – Unfair Trade
Harley-Davidson Faces Lawsuit Challenging ‘Right to Repair’ Restrictions
In San Francisco federal court, plaintiff has filed a proposed class action alleging that Harley-Davidson Motor Co. sells motorcycles with warranties that condition the continued validity of the warranty on the use of “only an authorized repair service and/or authorized replacement parts.”
Requirements that condition a consumer product’s warranty on the use of a specific repair service or the use of authorized parts is, according to the complaint, a violation of the Magnuson-Moss Warranty Act. Harley Davidson’s authorized dealers provide service at a price-premium compared to the cost of independent service, and its authorized parts are also sold at a price-premium compared to the cost of non-Harley-Davidson parts and supplies, the complaint says.
The result is that consumers are forced to pay for the more expensive repairs, maintenance and parts for their motorcycle from authorized Harley-Davidson dealers, plaintiff says in his suit. “In other words, if a consumer repairs his or her own motorcycle or uses an independent dealer and/or installs unauthorized parts or accessories on his or her motorcycle, Harley-Davidson threatens that it will void the warranty.”
November 1, 2022 – Privacy
NFL Accused of Unlawfully Sharing Subscriber Info With Facebook
A group of National Football League website subscribers has filed a proposed class action against the league, alleging it tracked and stored their data and gave it to Facebook without their consent.
In their suit filed in Manhattan federal court, plaintiffs are claiming that in disclosing their private information, the NFL has violated the Video Privacy Protection Act (VPPA).
Plaintiffs allege that as NFL subscribers they were not advised that their personal identifying information would be captured by tracking methods used by the NFL and then transferred to Facebook. According to the complaint, this practice is in violation of the VPPA, which prohibits companies that provide videos from sharing personally identifiable information without valid consent.
October 31, 2022 – Environment
Environmental Groups Sue Over Feds’ Failure to Rule on Gray Wolf
A coalition of environmental groups has filed suit in federal court in Missoula, Mont., against the U.S. Fish & Wildlife Service, alleging failure on the part of the agency to take action under the Endangered Species Act (ESA) to issue its determination on the conservation status of the gray wolf.
Under the ESA, the complaint says, Fish & Wildlife is required to make a finding regarding the listing of a species as endangered within 12 months of a citizen petition being filed. On May 26, 2021, the plaintiffs — including the Center for Biological Diversity and the Sierra Club — filed a formal petition with the agency requesting that it list as endangered a specific population segment of gray wolves. Fish & Wildlife has failed to act on this petition, plaintiffs claim.
Plaintiffs assert in their suit that gray wolves in the U.S. have over the past two centuries been “driven to the brink of extinction.” While there have been some efforts to reintroduce the species into the Rocky Mountain area, plaintiffs say, the states of Idaho and Montana have recently changed their wolf hunting and trapping regulations, which has led to the species being placed in danger again. Thus, plaintiffs argue, action by Fish & Wildlife to protect the wolves is an urgent matter.
October 28, 2022 – Constitution
Transgender Student Sues Tennessee Over School Bathroom Law
A transgender child and her parents have sued the Tennessee Department of Education over a state law that prohibits transgender students and staff from using school bathrooms or locker rooms that match their gender identities.
The suit was filed in federal court in Nashville, Tenn., by a student identified only as D.H. According to the complaint, D.H. was assigned male at birth but identifies as female. D.H., who is now eight years old, began living as a girl at the age of six, the complaint says.
The school initially agreed to support D.H.’s social transition, the complaint says, but by January of 2022, the “administration could not provide D.H. with the support she needed to complete her social transition, because Tennessee law prevents her from using the girls’ bathroom at school. The school accommodates D.H. by letting her use one of four single-occupancy restrooms, which “reinforce the differential treatment” of D.H., the lawsuit argues, saying that this violates her constitutional rights under the Equal Protection Clause and also violates Title IX of the 1972 federal law that prohibits sex discrimination in education.
October 27, 2022 – Securities
SEC Charges Surgical Implant Manufacturer With Accounting and Disclosure Fraud
The U.S. Securities & Exchange Commission has charged Surgalign Holdings Inc. (formerly RTI Surgical Holdings Inc.) and two former executives with masking disappointing sales numbers by shipping future orders ahead of schedule to accelerate, or “pull forward,” revenue and then failing to disclose this practice to investors.
RTI’s reliance on pull-forwards cannibalized future revenue streams and damaged important customer relationships while the company reassured investors it was meeting revenue guidance, the SEC says in its lawsuit filed in federal court in the District of Columbia.
The SEC further alleges in its suit that RTI sometimes shipped orders early without customer approval and recognized revenue for those shipments prematurely, in violation of generally accepted accounting principles, and that RTI’s former executives named in the complaint permitted RTI to recognize revenue for such shipments. The agency accuses the executives of violating antifraud and other provisions of federal securities laws and seeks civil penalties and the return of bonuses and profits from sales of RTI stock, among other relief.
October 26, 2022 – Privacy
Rite Aid Accused of Unlawful Keystroke Monitoring on Its Website
Rite Aid Corp. secretly deploys keystroke monitoring software on its website to “surreptitiously intercept, monitor and record the communications” of its visitors, alleges a proposed class action filed in federal court in Riverside, Calif.
In her lawsuit, plaintiff claims that Rite Aid violates the California Invasion of Privacy Act by failing to inform website visitors or get their express or implied consent prior to surveilling them. “Without warning visitors or seeking their consent, Defendant has secretly deployed wiretapping software on its website,” according to the complaint.
Rite Aid’s conduct, plaintiff argues, is “both illegal and offensive” given how concerned consumers are today about their digital privacy. “Defendant’s actions amount to the digital trifecta of looking over its consumers’ shoulders, eavesdropping on consumers’ conversations, reading consumers’ journals,” plaintiff says. Further, plaintiff alleges that defendant deploys a “sophisticated chatbot” that “convincingly impersonates an actual human that encourages consumers to share their personal information.”
October 25, 2022 – Fair Credit Reporting Act
Equifax Said to Misrepresent Credit Scores for Potentially Millions of Customers
Credit-reporting company Equifax Inc. has been accused of knowingly allowing a glitch in its coding system to result in inaccurate credit scores for potentially millions of consumers.
In a proposed class action filed in Atlanta federal court, plaintiff claims she ended up paying more for an auto loan because of a 130-point discrepancy in her credit score. According to the complaint, reports from consumers and news media showed Equifax sent erroneous credit scores for individuals applying for lines of credit over a three-week period earlier this year.
Equifax officials acknowledged in May 2022 that “there had been a coding issue within a program slated for replacement,” the complaint says, citing an Aug 2 Wall Street Journal article that reported Equifax sent inaccurate scores on millions of consumers to lenders. Plaintiff in her lawsuit is claiming willful and negligent violations of the federal Fair Credit Reporting Act.
October 24, 2022 – Consumer Fraud
Class Action Says Target Charges More Than Shelf-Advertised Prices
arget Corp.‘s shelf-posted prices frequently misrepresent the amount customers are charged at checkout, causing many to overpay for the advertised merchandise, alleges a proposed class action filed in Chicago federal court.
The false and misleading shelf pricing affects various merchandise throughout Target’s stores, with consumers paying at least 5% to 20% more than the advertised prices, according to the complaint. “As a result,” the complaint says, “consumers fall victim to a classic ‘bait and switch,’ and unknowingly pay a higher price for the falsely-advertised merchandise at checkout.”
In his lawsuit, plaintiff claims that “Target is well aware that it is deceiving its consumers.” In fact, plaintiff says, Target has been fined for this practice in multiple states. But preventing the company from continuing its deceptive practices has thus far “been a game of whack-a-mole,” plaintiff says, because even when Target is fined, the fines are a drop in the bucket as compared with the hundreds of millions of dollars the company profits each year from selling overcharged goods.
October 21, 2022 – Intellectual Property
Roblox Sues Toymaker WowWee Over Avatar Figurines
A line of dolls produced by WowWee Group Ltd. are based on Roblox Corp’s online gaming avatars and violate its copyrights and trademarks, Roblox alleges in a lawsuit filed in San Francisco federal court.
Roblox, according to the complaint, is one of the world’s most popular online gaming sites and one of the first companies to focus on the metaverse. Its platform allows users to build “experiences” like games, events and virtual places, which they visit with character avatars. Defendant WowWee’s “My Avastars” dolls unlawfully copy the distinctive blocky designs of player avatars in Roblox’s popular game platform, the complaint claims.
“Observing the centrality of Roblox’s avatars to its success,” the complaint says, “WowWee saw a chance for a quick buck, and chose to exploit Roblox’s success — its brand, its reputation, its goodwill, and its intellectual property — without ever involving Roblox.” Roblox says it already has a deal with another company to make avatar dolls, and that WowWee never asked for a similar license.
October 20, 2022 – Labor & Employment
Amazon Fails to Allow Adequate Breaks for Workers to Pump Breast Milk, Lawsuit Alleges
Amazon.com Inc faces a proposed class action claiming it failed to provide breaks and appropriate facilities for warehouse workers to pump breast milk.
Plaintiff says in her lawsuit filed in Los Angeles federal court that the 640,000-square-foot warehouse in Beaumont, Calif., where she works only has one small room dedicated to nursing mothers who need to pump milk. Women often wait in long lines to use the single room dedicated to pumping, plaintiff says, and their paid breaks are not long enough to cover the time it takes to walk to the room, pump and clean up.
Further, workers must take unpaid breaks or forego pumping because of Amazon’s strict production quotas, plaintiff claims, saying the company is in violation of federal and California laws that require employers to provide nursing mothers with reasonable break times and appropriate places to express milk.
October 19, 2022 – Constitution
Challenge to Florida’s ‘Don’t Say Gay’ Law
A group of parents has sued four Florida school boards to stop their implementation of curriculum changes following the passage of a state law, HB 1557 — referred to in the media as the “Don’t Say Gay” law — prohibiting discussion of sexual orientation and gender identity from kindergarten through third grade.
In their complaint filed in federal court in Orlando, Fla., the parents claim the law is “profoundly vague” and requires schools to ban undefined broad categories of speech based on undefined standards such as “appropriateness.” This, the parents say, violates the free speech clause of the First Amendment to the U.S. Constitution and the due process clause of the Fourteenth Amendment.
The parents further allege in their lawsuit that HB 1557 inflicts harm not only on gays but also on transgender people and others who identify as members of the LGBTQ+ community. “The law, by design, chills speech and expression that have any connection, however remote, to sexual orientation or gender identity,” the parents contend.
October 18, 2022 – Product Liability
Walmart Accused of Failing to Warn Pregnant Women About Risks of Acetaminophen
A Minnesota mother claims in a lawsuit against Walmart Inc. that the company failed in its responsibility to warn expecting mothers about autism risks from the drug acetaminophen — the active ingredient in Tylenol — which she says caused her child to develop the disorder.
According to the complaint filed in the U.S. District Court for the District of Minnesota, plaintiff took acetaminophen purchased from a Walmart store in late 2016, through the birth of her child in 2017. During her pregnancy, plaintiff says she took the painkiller three to six times per week for back pain and body aches.
“Plaintiff Mother started noticing issues with [her child] when he was an infant, as he was delayed in achieving developmental milestones and in the ability to speak,” the lawsuit states. “[The child] remains non-verbal as of the filing of this complaint.” Plaintiff says her child was diagnosed with autism in January 2021, and he is now enrolled in special education classes.
October 17, 2022 – Consumer Fraud
FTC Says Companies Falsely Claimed Their Products Manufactured in U.S.
In a lawsuit filed in Cleveland federal court, the U.S. Federal Trade Commission alleges that defendants Axis LED Group LLC and ALG-Health LLC falsely marketed and sold lighting products and personal protective equipment, respectively, containing significant Chinese inputs, as being “Made in the United States (MUSA).”
Defendant Axis LED sells lights, tubes and fixtures, and defendant ALG-Health sells personal protective equipment (PPE) due to the demand resulting from the Covid-19 pandemic. According to the FTC complaint, Axis introduced an LED line called “Patriot Tubes” as being MUSA, when they were actually made in China and assembled in the United States. The company stated on its website that “advances in manufacturing processes and efficiency have finally allowed us to produce USA-made products at competitive prices.”
Defendant ALG marketed the PPE as being Made in the USA, and encouraged consumers to “purchase American-made PPE and masks so that our heroic frontline workers do not have their safety put at risk by relying on foreign-made products.” However, the FTC contends, the PPE came almost exclusively from China, and that the defendant’s employees peeled off Made in China labeling to replace it with MUSA labeling. The FTC is seeking an injunction preventing the defendants from further violations of the FTC Act and the MUSA Labeling Rule, along with monetary and other relief.
October 14, 2022 – Cybersecurity
ACTS Retirement Sued Over Data Breach of Employee Personal Information
ACTS Retirement Services Inc., one of the nation’s largest not-for-profit operators of continuing care retirement communities, has been hit with a proposed class action filed in Philadelphia federal court over a data breach that allegedly compromised the sensitive personal information of thousands of its current and former employees.
Plaintiff claims in her suit that ACTS was negligent in securing employee information, which allowed cyber criminals to infiltrate the company’s network in April 2022, exposing employees’ names, Social Security numbers, financial account data, and other personal identifiable information (PII).
ACTS found out about the breach on May 2, the complaint says, but did not begin notifying plaintiff and other employees that their PII had been compromised until nearly two months later. “Defendant’s failure to timely detect and report the Data Breach made its current and former employees vulnerable to identity theft without any warnings to monitor their financial accounts or credit reports to prevent unauthorized use of their PII,” plaintiff alleges, adding that ACTS failed to properly use up-to-date security practices to prevent the breach.
October 13, 2022 – Privacy
L’Oreal’s Virtual Try-on Tool Violates Privacy, Lawsuit Alleges
L’Oreal USA Inc. faces a proposed class action filed in Chicago federal court, alleging the company’s virtual try-on tool collects users’ biometric facial information without their informed consent.
The case, according to the complaint, involves L’Oreal’s “Try It On” feature on the company’s websites that allows consumers to test a product virtually. To use this tool, the complaint says, customers can upload a photo of themselves or use their phone or computer camera to display such a photo. The virtual try-on tool is powered by ModiFace, an application that captures facial geometry from users’ photos to accurately overlay virtual makeup products onto the image.
The lawsuit argues that failure to notify consumers about collection of facial data violates the Illinois Biometric Information Privacy Act (BIPA). Under BIPA, the complaint says, companies that collect certain biometric data must first obtain consumers’ informed consent before collecting the data and take steps to protect it. Additionally, they must inform consumers about their policy regarding the use, retention and destruction of biometric data.
October 12, 2022 – Antitrust
Justice Dep’t Sues Poultry Producers, Alleging Unfair Worker Practices
The U.S. Department of Justice (DOJ) has filed a civil lawsuit against three of the largest poultry producers in the U.S., seeking to end what it claims have been longstanding deceptive and abusive restraint of trade practices that resulted in lower pay for workers.
The suit, filed in federal court in Baltimore, Md., names as defendants Cargill Inc., Sanderson Farms, and Wayne Farms, along with a data consulting company, accusing them of engaging in a multiyear conspiracy to exchange information about the wages and benefits of workers at poultry processing plants in order to drive down employee competition in the marketplace.
DOJ contends in its suit that the data consulting firm helped to share the information about the workers’ compensation with the defendant companies and their executives. By carrying out the scheme, DOJ alleges, the companies were able to compete less intensely for workers and reduce the amount of money and benefits they had to offer their employees, suppressing competition for poultry processing workers across the board. Generally, the complaint says, chicken producers enter long-term contracts with meat companies that farmers claim lock them into deals that fix their compensation at unprofitably low levels.
October 11, 2022 – Product Liability
Lawsuit Claims Meta’s Instagram Caused Eating Disorders
Facebook-owner Meta Platforms Inc. faces a lawsuit filed in San Francisco federal court, accusing it of fueling eating disorders and other mental health problems in teenage users of its Instagram photo sharing service.
According to the complaint, Instagram allows users to post pictures and uses an automated algorithm to show them other users’ pictures. This algorithm, the complaint says, encouraged eating disorders by showing the plaintiffs — two female teenagers — pictures of very thin models and content related to extreme exercise. The plaintiffs were hospitalized on multiple occasions, the complaint says.
Plaintiffs contend that Meta knew that some people became addicted to the service, and that teenagers were especially vulnerable. Plaintiffs also say that the company failed to verify users’ ages, allowing both plaintiffs to join when they were only 12 despite a nominal minimum age of 13, and failed to shield minors from sexual messages. Further, plaintiffs say, the algorithm recommended “‘friends’ who were, in fact, adult Instagram users either suffering from these mental health issues themselves or using the Instagram product to find and exploit young girls.
October 10, 2022 – Antitrust
Pet Owners Sue Veterinary Manufacturer, Claiming Inflated Prices
In a proposed class action filed in San Francisco federal court, pet owners claim veterinary products maker IDEXX Laboratories restrained competition for diagnostic testing, causing consumers to pay artificially high prices for animal health services.
The lawsuit, which was filed by pet owners in 14 states, alleges that IDEXX has abused its market power since 2018 through exclusive and long-term contracts with veterinary practices across the country. “Because IDEXX has prevented actual or potential rivals from gaining a foothold in the relevant market and submarkets, it has eliminated or impaired the price discipline that would come from free and fair competition,” the complaint says.
The pet owners claim in their suit that IDEXX implemented restrictive six-year contracts with veterinarian practices that include steep purchase requirements and ‘disloyalty’ penalty provisions. The suit focuses on “inhouse point-of-care” diagnostic testing devices that, according to the complaint, are used to treat family pets and other companion animal patients when fast test results are needed.
October 7, 2022 – Intellectual Property
SolarEdge Faces Patent Lawsuit Filed by Rival Solar-Power Company
Solar energy company Ampt LLC has sued SolarEdge Technologies Inc. for allegedly violating several of plaintiff’s patents related to solar power.
In its lawsuit filed in Delaware federal court, Ampt claims that SolarEdge’s systems infringe eight patents related to Ampt’s power optimizers for photovoltaic systems. The patents, the complaint says, cover improved methods for converting sunlight into usable energy, and SolarEdge’s optimizers and other components infringe these patents.
Ampt says its technology enhances efficiency and reduces costs for solar-power systems. The company is asking the court for an unspecified amount of money damages and a court order banning sales of the infringing systems.
October 6, 2022 – Consumer Fraud
H&M Accused of False and Misleading ‘Sustainability Profiles’ for Its Products
Fashion house H&M Hennes & Mauritz LP is alleged to mislead consumers about the sustainability and eco-friendliness of its products, in a proposed class action filed in federal court in White Plains, N.Y.
Plaintiff claims in her lawsuit that H&M’s fast-fashion business model has suffered in recent years as consumers become more inclined to purchase products marketed as sustainable. “The goal of H&M’s advertising scheme is to market and sell products that capitalize on the growing segment of consumers who care about the environment, but H&M does so in a misleading and deceptive way,” plaintiff contends.
In an effort to attract more customers, the complaint says, H&M prominently displays “Sustainability Profiles” on its website, which include product listings for hundreds of H&M products. However, the complaint argues, these profiles include falsified information that does not match the underlying data. “For example, one Sustainability Profile claimed that a dress was made with 20% less water on average when it was actually made with 20% more water,” the complaint alleges, adding that many so-called sustainable H&M products end up in landfills.
October 5, 2022 – Privacy
Class Action Alleges Spectrum Places Unsolicited Robocalls
Spectrum violates the law by contacting consumers with unsolicited marketing robocalls without receiving consent, alleges a proposed class action filed in federal court in Cincinnati, Ohio.
Plaintiff claims in his lawsuit that Spectrum uses third-party vendors to place unsolicited and automated sales calls to consumers like himself who have never entered into a contract with the telecommunications company or consented to be contacted on its behalf. Such sales calls, plaintiff argues, are in violation of the Telephone Consumer Protection Act.
“Frustrated and concerned with the escalation of Defendant’s invasive telemarketing practices, Plaintiff retained counsel to file this action to compel Defendant to cease its unlawful practices,” states the complaint, adding that plaintiff seeks to represent a nationwide class of consumers who are not customers of Spectrum, yet have received unsolicited and automated sales calls on its behalf without consent within the last four years.
October 4, 2022 – Disability Act
Delmonico’s Website Inaccessible to Blind, Visually Impaired, Lawsuit Alleges
Plaintiff claims in suit filed in federal court in Orlando, Fla., that Delmonico’s Italian Steakhouse of Florida does not provide a mobile website that is fully accessible to blind and visually impaired individuals, in violation of the Americans with Disabilities Act.
In her suit, plaintiff contends that Delmonico’s website does not interact properly with VoiceOver screen reader software technology used by blind and visually impaired individuals to access mobile websites. Thus, plaintiff argues, Delmonico’s is denying blind and visually impaired consumers equal access to the goods and services on its mobile website on account of the accessibility issues.
Plaintiff says that she will continue to be denied equal access to the goods and services offered on Delmonico’s website. “Defendant and alike restaurants are fully aware of the need to provide full access to all visitors to its mobile website as such barriers result in discriminatory and unequal treatment of individuals with disabilities who are visually impaired.”
October 3, 2022 – Product Liability
Skittles Candy Said to Be ‘Unfit for Human Consumption’ Due to Toxin Risks
A proposed class action filed in San Francisco federal court alleges that food product manufacturer Mars Corp. missed a self-imposed five-year deadline to remove titanium dioxide from its popular multi-colored Skittles candy.
According to the complaint, the lawsuit follows years of concerns about the side effects of food coloring additives as possibly being unfit for human consumption and posing cancer risks, due to the use of titanium dioxide. Plaintiff claims in her suit that Skittles are “unsafe for human consumption because they contain titanium dioxide, a known toxin,” which places consumers at an increased risk of serious health effects due to the ability of the chemical to cause DNA changes.
Defendant Mars, the complaint says, first made a commitment to begin removing titanium dioxide from its best-selling Skittles and many other food products in 2016, after a growing body of medical research identified artificial food coloring additives such as titanium dioxide as possibly causing the growth of cancerous tumors. But defendant, the complaint alleges, has refused to remove the toxic chemical from Skittles products due to its reliance on the food coloring additive to continue effectively marketing its products, which are built on the candy’s “rainbow” colors.