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Class Action Lawsuits Newsletter, January 2025

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The following is a summary of relevant, notable Class Action Lawsuits that were filed during January 2025.  Below is a summary of the plaintiff’s allegations.  To request a copy of a particular complaint or for queries or further discussion, you’re welcome to reach out via email at [email protected].

1. Batanian v. Welch Foods

The plaintiff, Arda Batanian, filed a class action lawsuit against Welch Foods Inc., alleging false advertising and unfair competition. The complaint centers around Welch’s fruit snacks, which were marketed as containing “no preservatives,” despite including citric acid and sodium citrate—both recognized as preservatives under FDA regulations. The plaintiff claims that these misrepresentations led consumers to believe the product was healthier than it actually was, violating California’s Unfair Competition Law and False Advertising Law.

The plaintiff seeks damages, injunctive relief, and other legal remedies, asserting that Welch’s deceptive marketing practices misled consumers into purchasing the snacks at a premium price. The complaint argues that the inclusion of these preservatives contradicts Welch’s explicit labeling, causing economic harm to consumers who relied on the company’s representations.

2. Bateman v. Acme Markets

The plaintiff, Jodi Bateman, filed a class action lawsuit against Acme Markets Inc., alleging deceptive marketing and misbranding of its private-label apple cinnamon rice cakes. The lawsuit argues that the product was labeled as “naturally flavored” but contained artificial flavoring agents, including DL-Malic Acid, which enhances the apple cinnamon taste but was not properly disclosed on the packaging. The plaintiff contends that the product is misbranded under both federal and New York state laws because it fails to disclose that its apple flavor comes from artificial sources.

The complaint asserts that Acme Markets’ deceptive labeling practices caused consumers to pay a premium for the product under false pretenses. Bateman alleges that had consumers known the truth, they either would not have purchased the product or would have paid less for it. The plaintiff seeks compensatory damages, injunctive relief, and a requirement that Acme Markets properly label its products.

3. Castro v. Abbott Laboratories

The plaintiffs, Monica Castro, Damary Santa, and Nancy Helmold, filed a class action lawsuit against Abbott Laboratories, alleging false advertising related to its toddler drinks. The complaint claims that Abbott misled consumers by marketing its toddler drinks as nutritious and necessary for child development, despite containing high amounts of added sugars and providing little nutritional benefit beyond what a balanced diet already offers. The plaintiffs argue that Abbott’s marketing strategies were deceptive and violated California’s False Advertising Law and Consumer Legal Remedies Act.

The plaintiffs seek restitution, injunctive relief, and corrective advertising to prevent Abbott from continuing these misleading practices. They claim that Abbott’s use of similar branding and labeling for its toddler drinks and infant formulas confuses consumers, leading them to believe the toddler drinks are essential for child growth when experts recommend against their use.

4. Cody v. Gainful Health

The plaintiff, Annette Cody, filed a lawsuit against Gainful Health Inc., alleging deceptive marketing of its protein powder products. The complaint claims that Gainful Health uses oversized packaging with substantial non-functional slack fill, misleading consumers into believing they are purchasing more product than they actually receive. The plaintiff argues that this packaging practice violates California’s consumer protection laws and constitutes unfair business practices.

The lawsuit references prior cases with similar claims, demonstrating that such deceptive packaging practices have been legally recognized as misleading. Cody seeks damages, corrective labeling, and an injunction to prevent Gainful Health from continuing these practices. The case highlights concerns about transparency in product packaging and the potential financial harm caused to consumers.

5. Garcia v. TDBBS, LLC

The plaintiff, Leonardo Garcia, filed a class action lawsuit against TDBBS, LLC, doing business as Barkworthies, alleging false advertising related to its “odor-free” bully sticks. Garcia claims that despite being labeled “odor-free,” the product emits a strong and offensive smell when chewed by dogs. He argues that this misrepresentation violates California’s Consumer Legal Remedies Act, Unfair Competition Law, and False Advertising Law.

Garcia asserts that he and other consumers would not have purchased the product, or would have paid less, had they known the truth. He seeks monetary damages and an injunction to prevent TDBBS from falsely marketing its products in the future. The case underscores consumer concerns about deceptive labeling in pet products.

6. Gibbons v. Walmart

The plaintiff, Michael Gibbons, filed a class action lawsuit against Walmart Inc., alleging that its “Great Value” brand tomato sauce is misleadingly labeled as containing “No Artificial Preservatives,” despite including citric acid—a commonly used preservative. The plaintiff argues that Walmart’s labeling practices deceive consumers who seek to avoid artificial additives, violating consumer protection laws.

The lawsuit highlights broader concerns about food labeling transparency and consumer trust. Gibbons claims that Walmart’s marketing misleads shoppers into paying a premium for a supposedly preservative-free product. He seeks damages, corrective labeling, and injunctive relief to prevent further deceptive advertising.

7. McCullough v. Taco Bell

The plaintiff, Daly McCullough, filed a class action lawsuit against Taco Bell, alleging deceptive marketing practices related to its environmental claims. The complaint argues that Taco Bell falsely advertises its packaging as “recyclable” and its business practices as “sustainable,” despite evidence that its materials do not meet recycling standards. The plaintiff claims that these misrepresentations amount to “corporate greenwashing” and violate California’s False Advertising Law and Unfair Competition Law.

McCullough seeks damages and an injunction to prevent Taco Bell from making further misleading environmental claims. The lawsuit raises broader issues about corporate responsibility and transparency in sustainability marketing.

8. Milton v. Aldi

The plaintiff, Curtis Milton, filed a class action lawsuit against Aldi Inc., alleging false advertising regarding its “Happy Harvest” tomato sauce. The lawsuit argues that Aldi deceptively marketed the product as containing “No Artificial Preservatives or Ingredients,” despite including citric acid, which is widely recognized as a preservative. The plaintiff contends that the misleading labeling caused consumers to believe the product was free of chemical additives, violating New York’s consumer protection laws.

Milton asserts that Aldi knowingly engaged in deceptive business practices by presenting the product as more natural and healthier than it actually is. He seeks damages, injunctive relief, and corrective advertising to ensure truthful labeling. The case highlights the growing consumer demand for transparency in food labeling and the legal implications of misleading health claims.

9. Perkins v. Procter & Gamble

The plaintiff, Valerie Perkins, filed a class action lawsuit against The Procter & Gamble Company (P&G), alleging deceptive marketing of its ZzzQuil PURE Zzzs melatonin sleep aids. The lawsuit claims that P&G prominently markets the product as “HELPS YOU FALL ASLEEP NATURALLY,” but it contains artificial and synthetic ingredients, including lab-made melatonin. The plaintiff argues that the term “naturally” misleads consumers into believing the product is free from synthetic compounds, violating California’s consumer protection laws.

Perkins asserts that P&G intentionally used green-colored branding and images of chamomile and lavender to reinforce the false impression that the product is natural. The plaintiff seeks monetary damages, injunctive relief, and corrective advertising. The case raises broader concerns about the regulation of dietary supplements and the accuracy of “natural” claims in marketing.

10. Raphael v. Schwan’s Consumer Brands

The plaintiff, Arthur Raphael, filed a class action lawsuit against Schwan’s Consumer Brands, Inc., alleging that its “Edwards Original Whipped Cheesecake” is misleadingly labeled as being “Made With Real Cream Cheese.” The complaint claims that, despite the branding, cream cheese is not the primary ingredient, and the product actually contains more sour cream than cream cheese. Raphael argues that this misrepresentation constitutes food adulteration and violates New York’s consumer protection laws.

The plaintiff contends that the product’s packaging and marketing create the false impression that cream cheese is the dominant ingredient, leading consumers to pay a premium. He seeks damages, injunctive relief, and a requirement for Schwan’s to correct its labeling. The case underscores concerns over deceptive food branding and ingredient transparency.

11. Reyes v. WK Kellogg

The plaintiff, Victoria Reyes, filed a class action lawsuit against WK Kellogg Co., alleging deceptive advertising regarding its cereal products. The lawsuit claims that Kellogg’s packaging misleads consumers by prominently displaying images of strawberries, creating the false impression that the cereals contain real strawberries when they do not. The plaintiff argues that this misrepresentation violates California’s False Advertising Law and Consumer Legal Remedies Act.

Reyes contends that consumers reasonably expect products labeled with images of fresh fruit to contain those ingredients. She seeks damages, injunctive relief, and a mandate requiring Kellogg to change its labeling practices. The case highlights broader issues of food marketing and the legal boundaries of visual misrepresentations in packaging.

12. Singer v. Procter & Gamble

The plaintiff, Timothy Singer, filed a class action lawsuit against The Procter & Gamble Company (P&G) for falsely advertising its ZzzQuil PURE Zzzs melatonin sleep aids. The complaint alleges that P&G’s marketing claims the product “HELPS YOU FALL ASLEEP NATURALLY,” despite containing synthetic and chemically processed ingredients, including lab-created melatonin. Singer argues that this misrepresentation violates Florida’s Deceptive and Unfair Trade Practices Act.

The plaintiff asserts that P&G’s use of natural imagery and green branding intentionally misleads consumers into believing the product is free from artificial ingredients. Singer seeks damages, corrective advertising, and an injunction to prevent further misleading claims. The case highlights growing scrutiny over “natural” claims in health supplements.

13. Soto v. PIM Brands

The plaintiffs, Ramon Soto and Charlene Morris, filed a class action lawsuit against PIM Brands, Inc., alleging deceptive marketing of its “Fruit ‘n Yogurt Snacks.” The lawsuit claims that PIM falsely advertises the product as containing real yogurt when, in reality, the so-called “yogurt coating” is a candy-like substance composed of sugar, oils, and artificial additives. The plaintiffs argue that this misrepresentation violates Illinois and New York consumer protection laws.

Soto and Morris contend that consumers purchase the product believing it to be a healthier snack with the benefits of real yogurt. They seek damages, injunctive relief, and corrective advertising. The case highlights concerns about misleading health claims and the increasing demand for transparency in food marketing.

14. Valle v. Dole Packaged Foods

The plaintiff, Endy Valle Jr., filed a class action lawsuit against Dole Packaged Foods LLC, alleging deceptive advertising regarding its “Mixed Fruit” product. The complaint claims that Dole misleads consumers by labeling the product as “In 100% Fruit Juice” when the actual juice blend contains added flavors and preservatives. Valle argues that this misrepresentation violates New York consumer protection laws.

The plaintiff contends that Dole exploits consumer demand for minimally processed foods by using misleading front-label claims. He seeks damages, corrective labeling, and an injunction to prevent further deceptive marketing. The case reflects growing consumer scrutiny over processed food labeling and ingredient transparency.

15. O’Connor v. Aldi

The plaintiff, Leela O’Connor, filed a class action lawsuit against Aldi Inc., alleging deceptive marketing practices regarding its flavored snack products. The lawsuit claims that Aldi falsely labeled its cinnamon apple straws as “Naturally Flavored,” misleading consumers into believing that the flavor was derived from real fruit and cinnamon. However, the product allegedly contains artificial flavoring agents, violating New York’s consumer protection laws.

O’Connor argues that Aldi’s misleading branding caused consumers to purchase the product at a premium under false pretenses. She seeks damages, injunctive relief, and a requirement that Aldi disclose artificial flavoring on its packaging. The case highlights consumer concerns about transparency in food labeling and misleading “natural” claims.

16. Cody v. Goo Goo Cluster

The plaintiff, Annette Cody, filed a class action lawsuit against Goo Goo Cluster, LLC, alleging deceptive marketing practices related to its chocolate products. The complaint states that the company sells the product in oversized packaging with substantial non-functional slack fill, misleading consumers into believing they are purchasing more chocolate than they actually receive.

Cody claims that this deceptive practice violates California’s consumer protection laws, as consumers are led to pay a premium for a product that contains significantly less than what is suggested by the package size. She seeks damages, injunctive relief, and corrective labeling to ensure the accurate representation of product quantities.

17. Cody v. The Safe and Fair Food Company

The plaintiff, Annette Cody, filed a lawsuit against The Safe and Fair Food Company LLC, alleging that its granola packaging is misleading due to excessive non-functional slack fill. The complaint asserts that the company intentionally uses oversized packaging to deceive consumers into believing they are purchasing more granola than what is actually inside.

Cody argues that such deceptive packaging practices violate California’s consumer protection laws and cause economic harm to consumers who rely on visual packaging cues when making purchases. She seeks damages, injunctive relief, and corrective advertising to prevent future misrepresentations.

18. Flexer v. Kraft Heinz

The plaintiff, Alyssa Flexer, filed a class action lawsuit against Kraft Heinz Food Company, alleging that its Capri Sun juice pouches are misleadingly labeled as containing “ALL NATURAL INGREDIENTS.” The complaint claims that, despite this labeling, the product contains citric acid, which is a synthetic preservative.

Flexer argues that Kraft Heinz’s marketing exploits consumer preferences for natural foods and deceives shoppers into paying a premium for a falsely advertised product. She seeks damages, corrective labeling, and an injunction to prevent further misleading marketing practices.

19. Garcia v. Harvest Hosts

The plaintiff, Silvia Garcia, filed a class action lawsuit against Harvest Hosts Opco, LLC, alleging deceptive packaging practices for its dried fruit products. The lawsuit claims that the company uses oversized packaging that misleads consumers into believing they are purchasing a greater quantity of fruit than what is actually provided.

Garcia asserts that such practices violate California’s consumer protection laws and unfairly inflate product prices. She seeks damages, injunctive relief, and a court order requiring the company to accurately label its packaging to reflect the actual contents.

20. Garcia v. The Ugly Company

The plaintiff, Silvia Garcia, filed a class action lawsuit against The Ugly Company, Inc., alleging misleading packaging practices regarding its dried fruit products. The complaint claims that the company sells its products in oversized packaging with non-functional slack fill, deceiving consumers into believing they are purchasing more product than they actually receive.

Garcia argues that this deceptive marketing violates California’s consumer protection laws and results in economic harm to consumers. She seeks damages, injunctive relief, and corrective labeling to ensure transparency in product packaging​.

21. Cody v. Chaucer Foods

The plaintiff, Annette Cody, filed a class action lawsuit against Chaucer Foods, Inc., alleging that its freeze-dried fruit products are deceptively packaged. The complaint states that Chaucer Foods uses oversized packaging with non-functional slack fill, misleading consumers about the actual quantity of fruit inside.

Cody argues that this packaging practice violates California’s consumer protection laws by creating the false impression of a larger product volume. She seeks damages, injunctive relief, and corrective advertising to ensure consumers are not misled by deceptive packaging.

22. Wargolet v. Roundy’s Supermarkets

The plaintiff, Jason Wargolet, filed a class action lawsuit against Roundy’s Supermarkets, Inc., alleging that the company overcharges customers by mislabeling the weight of its grocery products. The complaint claims that Roundy’s systematically inflates the weight of various packaged goods, leading consumers to pay more than the actual value of the items.

Wargolet argues that this deceptive practice violates Wisconsin’s consumer protection laws and results in widespread financial harm to shoppers. He seeks damages, refunds for affected consumers, and an injunction to prevent further misrepresentations in product labeling​.

23. Taylor v. Walmart

The plaintiffs, Kaitlyn Taylor and Justin Alicea, filed a class action lawsuit against Walmart Inc., alleging deceptive advertising for its “Great Value” Macaroni & Cheese Original Microwavable Cup. The complaint claims that Walmart falsely markets the product as containing “No Artificial Flavors” and “No Artificial Preservatives,” despite the inclusion of citric acid, which acts as both an artificial preservative and flavoring agent.

Taylor and Alicea argue that Walmart’s labeling deceives consumers into believing they are purchasing a premium, all-natural product. They seek damages, injunctive relief, and corrective labeling to ensure accuracy in advertising and transparency in food product marketing.

24. Beatty v. Quincy Bioscience

The plaintiff, Donna Beatty, filed a class action lawsuit against Quincy Bioscience Holding Co., alleging false advertising related to its Prevagen supplement. The lawsuit claims that Quincy Bioscience misleads consumers by marketing Prevagen as clinically proven to improve memory and cognitive function, despite scientific evidence contradicting these claims.

Beatty argues that these misrepresentations violate New York’s consumer protection laws and mislead consumers into paying a premium for a product that does not deliver its advertised benefits. She seeks damages, injunctive relief, and corrective advertising to prevent future deceptive marketing of Prevagen​.