On March 6, 2020, a federal court in Phoenix, Arizona certified a class action against Walgreens, Elizabeth Holmes, and Ramesh “Sunny” Balwani in a series of lawsuits over patients’ claims that the defendants duped consumers into taking blood tests that were inaccurate and unreliable. The lawsuits were originally filed on behalf of patients who obtained Theranos blood testing services at Walgreens locations throughout Arizona and California in 2015 and 2016.
Read moreOn January 28, 2020, Kaplan Fox filed a class action lawsuit against BA Nutrition in the United States District Court for the Northern District of California.
Read moreOn May 3, 2019, Kaplan Fox filed a class action lawsuit against GNC in the United States District Court for the Northern District of California. On behalf of a nationwide class of consumers, plaintiffs allege that GNC violated various state consumer protection laws because it 1) unlawfully sold drugs to them that had not been preapproved by the Food & Drug Administration and 2) deceptively marketed its proprietary brand dietary supplements as lawful and therapeutic.
Read moreOn May 31, 2019, Kaplan Fox and its co-counsel, Center for Science in the Public Interest (CSPI) and Reese LLP, filed a stipulation of settlement in a class action against Focus Brand for deceptively marketing Jamba Juice smoothies as nutritionally beneficial and comprised of whole fruits and vegetables.
Read moreOn January 31, 2017, Kaplan Fox filed a federal class action lawsuit against Logitech alleging that its digital video security products were deceptively marketed and ultimately defective. Plaintiffs’ case alleges that Logitech sold consumers digital video home security “Alert Systems” that did not work as advertised because they contained defects in the hardware and faulty software that caused the Alert Systems to fail.
Read moreOn November 4, 2016, Kaplan Fox defeated a bid by Chipotle to dismiss claims brought by consumers in four states that Chipotle’s “Non-GMO” marketing campaign was deceptive and misleading to consumers because they allege Chipotle’s meat, pork, and dairy products are sourced from animals that are raised on genetically-modified feed.
Read moreOn August 10, 2016, Kaplan Fox, working with co-counsel, defeated an effort by General Mills to dismiss claims brought by consumers in California and New York that the marketing and product labeling for “Cheerios Protein” is deceptive and misleading to consumers because they allege “Cheerios Protein” contains excessive amounts of sugar.
Read moreOn June 21, 2016, Kaplan Fox filed a class action lawsuit against Theranos on behalf of those who paid for blood tests using its “Edison” technology. Plaintiffs’ Complaint alleges that Theranos blood tests were faulty and that consumers were misled that its supposed technology could provide accurate medical diagnoses and information when in fact they did not.
Read moreKaplan Fox with co-counsel filed a class action lawsuit, Coe et al v. General Mills, Inc., Case No. 3:15-cv-05112-JCS, N.D. Cal., alleging the cereal manufacturer is misleading customers about one of its latest products, Cheerios Protein. The Complaint contends that General Mills is marketing Cheerios Protein as a “high protein, healthful alternative to Cheerios” when it does not contain much more protein than Original Cheerios.
Read moreKaplan Fox & Kilsheimer LLP (www.kaplanfox.com) filed a federal class action law suit against Chipotle Mexican Grill, Inc. (“Chipotle” or the “Company”), on behalf of all California consumers who purchased food products from Chipotle between April 27, 2015 and the present. The lawsuit alleges that Chipotle’s marketing and advertising campaign that claims its menu does not contain genetically modified organisms (GMOs) is actually deceptive and misleading to consumers because many of Chipotle’s menu items actually do contain GMOs.
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