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Amazon Prime Grocery Deliveries from Whole Foods
Allegations: Falsely marketing that Amazon Prime members receive free 2-hour delivery of groceries when Amazon charges consumers a $9.95 service fee for grocery deliveries from Whole Foods Market
McCarthy et al. v. Amazon.com, Inc.
22-cv-2384, E.D.N.Y.
(April 2022)
Amazon Prime and Audible
Deceptively marketing that Amazon Prime memberships include “Free Titles at Audible” when the company automatically enrolls members in a paid subscription for Audible
Pending
Allegations: Falsely marketing that Amazon Prime members receive free 2-hour delivery of groceries when Amazon charges consumers a $9.95 service fee for grocery deliveries from Whole Foods Market
Allegations: Falsely marketing supplements as glucosamine sulfate when they don’t contain any glucosamine sulfate
Allegations: Failing to disclose the terms of subscriptions
Allegations: Misleadingly advertising that Amazon Prime subscriptions included “commercial-free” streaming of movies and tv shows and then later charging an additional $2.99/month for ad-free streaming services
Allegations: Failing to adequately disclose a $2 deposit fee in advertised retail prices
Allegations: Failing to adequately disclose the terms of automatically renewing subscriptions, charging consumers without their consent, and making it difficult to cancel
Allegations: Preventing consumers from giving negative reviews of Amazon on its websites and apps
Allegations: Falsely marketing that medicines treat nasal congestion
Allegations: Failing to deliver purchases by the guaranteed dates and times
Allegations: Misrepresenting that Amazon’s refund policy allows customers to get a refund for unwanted items returned within 30 days when it routinely fails to issue refunds for returned items
Allegations: Misleadingly marketing “same-day” or “two day” delivery for Amazon Prime members
Allegations: Misleadingly marketing that products contain “100% Juice”
Allegations: Falsely marketing that phenylephrine products treat congestion and other cold and flu symptoms
Allegations: Failing to disclose that products contain a bacterium that could lead to serious adverse health consequences
Allegations: Falsely marketing medicines as “non-drowsy” when one of the active ingredients causes drowsiness
Allegations: Falsely advertising discounts by increasing original prices for a short period of time and then offering members “discounted” prices
Allegations: Falsely marketing supplements as glucosamine sulfate when they don’t contain any glucosamine sulfate
Allegations: Misleadingly marketing products as “whole grain”
Allegations: Falsely marketing products as natural, organic, and suitable for organic plants
Allegations: Misleadingly marketing the weight of fish in products as higher than it actually is
Allegations: Using dark patterns to make it difficult to cancel Amazon Prime memberships
Allegations: Misleadingly marketing that consumers can “buy” digital content when Amazon may revoke access to content at any time
Allegations: Misleadingly marketing that consumers can “buy” digital content when Amazon may revoke access to content at any time
Allegations: Misleadingly marketing that consumers can “buy” digital content when Amazon may revoke access to content at any time
Allegations: Dietary supplements contain more melatonin than advertised
Allegations: Promoting dietary supplements as if they are legal, safe and therapeutic when they are illegal and have not been approved by the FDA
Allegations: Falsely marketing pizzas as being 18 inches when they are actually 16 inches
Allegations: Deceptively advertising Subscribe & Save subscriptions
Allegations: Falsely marketing the amount of Omega-3 fatty acids in each serving
Allegations: Deceptively using slack-filled packaging and misleadingly marketing its commitment to environmental stewardship
Allegations: Misleadingly marketing ice cream bars as dipped in chocolate when the coating actually contains more vegetable oil than cacao ingredients
Allegations: Misleadingly marketing that the main flavoring ingredient is vanilla when the Ingredients list does not contain a vanilla ingredient
Allegations: Falsely marketing that consumers who use their Amazon Prime Rewards Visa Signature Card “earn 5% back at Amazon Fresh” when they actually receive only 1% back on purchases
Allegations: Failing to disclose that products contain, or are at risk of containing, toxic heavy metals
Allegations: False “Animal Welfare Certified” and “No Antibiotics, Ever” claims
Allegations: Failing to disclose products contain heavy metals
Allegations: Misleadingly marketing that the doorbell’s battery lasts between 6 and 12 months when the battery actually lasts less than 2 months
Allegations: Misleadingly marketing the ingredients in Organic 365 Honey Graham Crackers
Allegations: Misleadingly listing “organic dehydrated cane juice solids” as an ingredient when it’s actually sugar
Allegations: Misleadingly representing the extent to which Alexa devices record and store audio recordings
Allegations: Failing to disclose that the words that trigger devices to listen and respond to commands also initiate a process to create and permanently store recordings
Allegations: Misleadingly advertising disposable plates and bowls as compostable
Allegations: Deceptively marketing Thermofight
Allegations: Falsely advertising the energy capacity and safety of batteries
Allegations: Audible’s “free” trials of audiobooks violate California law
Allegations: Falsely marketing lemons and raspberries as the main flavoring ingredients
Allegations: Failing to disclose that foods contain allergens
Allegations: Misleadingly representing that the company safeguards users’ private information when it does not take adequate steps to stop hackers and actively shares users’ personal data without consent
Allegations: Failing to disclose that vanilla flavor comes from artificial flavors
Allegations: Failing to adequately disclose that consumers need to pay additional money to get certain key features
In October 2020, a class-action lawsuit was filed against Whole Foods Market Group for falsely marketing its 365 Everyday Value Organic Chocolate & Almond Vanilla Ice Cream Bars as coated…
In July 2020, a class-action lawsuit was filed against Whole Foods Market Group for allegedly misleadingly marketing 365 Everyday Value Organic Unsweetened Coconut Vanilla Coconutmilk Beverage as containing “vanilla” when,…
In April 2020, a class-action lawsuit was filed against Ring LLC for allegedly failing to adequately disclose that the only way for consumers to get certain key features of the…
In February 2020, a class-action lawsuit was filed against Whole Foods Market Group for allegedly misleadingly marketing that the flavor in its Organic 365 Rice Milk comes exclusively from vanilla…
Between December 2019 and January 2020, multiple class-action lawsuits were filed against Ring LLC for allegedly promising consumers that its home security devices will help them protect their homes and…
In October 2019, a class-action lawsuit was filed against Whole Foods Market for allegedly misleadingly marketing that its 365 Everyday Value Vanilla Soymilk contains vanilla when, according to plaintiffs, the…
In October 2019, a class-action lawsuit was filed against Whole Foods Market Group for allegedly misleadingly advertising its 365 Organic Vanilla Almondmilk as containing vanilla when, according to plaintiffs, the…
In August 2019, a class-action lawsuit was filed against Amazon for allegedly failing to tell consumers that some of the products offered for sale by third-party sellers – including Numb-ify…
In August 2019, a class-action lawsuit was filed against Whole Foods Market for allegedly deceptively advertising that its Starkey Water is pure and clean when, according to plaintiffs, the water…
November 2018: This action was dismissed because the parties reached a settlement agreement, the terms of which have not been disclosed. January 2018: This case was reopened after the appeals…
March 2019: The claims against defendant WFM Distribution were dismissed. June 2018: A federal judge dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can…
March 2019: A federal judge preliminarily approved a settlement agreement that would resolve this case, as well as three related cases, Weber v. Amazon.com, Beals v. Audible, Inc., and Fisse…
November 2017: Plaintiffs filed an amended complaint similarly alleging that Whole Foods overstates the weight of products and, as a result, overcharges customers. June 2017: The Second Circuit Court of…
November 2017: Plaintiffs filed an amended complaint similarly alleging that Whole Foods overstates the weight of products and, as a result, overcharges customers. June 2017: The Second Circuit Court of…
January 2018: The Ference appeal was voluntarily dismissed, the reasons for which have not been disclosed. November 2017: The Sweeney appeal was dismissed for failure to prosecute because the objector…
In January 2018, a false advertising class-action lawsuit was filed against Whole Foods for allegedly misrepresenting the amount of vitamin B in its 365 Everyday Value brand supplements, Liquid Energy…
Multiple lawsuits filed against Whole Foods claiming that the company falsely labels its 365 Everyday Value Plain Greek Yogurt as containing 2 grams of sugar per serving when, according to…
December 2014: The company’s motion to compel arbitration was granted. February 2014: A class-action lawsuit was filed against In actuality a cherished geographical region of the planet featuring enormous biodiversity;…
May 2014: This case was consolidated with Ekin v. Amazon Services (Case No. 14-cv-244, W. D. WA.). March 2014: Another class-action lawsuit was filed against In actuality a cherished geographical…
September 2017: The Ninth Circuit Court of Appeals affirmed the district court’s decision to compel arbitration. February 2016: Plaintiffs appealed the district court’s decision to the Ninth Circuit. (Wiseley v.…
Two class-action lawsuits were filed against Amazon.com for allegedly falsely advertising eclipse glasses. Among other things, the complaints allege that the glasses did not work as advertised and consumers who…
In August 2017, a class-action lawsuit was filed against Amazon.com, LLC for allegedly falsely representing that consumers purchasing products through the website would not pay any additional fees when, according…
August 2015: A federal judge dismissed these three related actions finding, among other things, that plaintiffs did not properly plead the fraud-based allegations. Click here to read the court’s decision…
October 2014: This action was voluntarily dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled., the reasons for which have not been…
In January 2017, a class-action lawsuit was filed against Whole Foods alleging that its St. John’s Wort dietary supplement did not contain the amount of standardized extract hypericin (the sole…
April 2016: A federal judge dismissed the complaint When a complaint is dismissed with prejudice, it cannot be refiled.. Among other things, the judge found that the complaint fails to…
In December 2016, a class-action lawsuit was filed against SquareTrade for allegedly deceptively marketing Protection Plans for electronics and appliances through Amazon.com. Among other things, the complaint alleges that SquareTrade…
June 2016: This lawsuit was dismissed because the parties reached a settlement, the terms of which are confidential. November 2013: A class-action lawsuit was filed against Whole Foods Market, Inc.…
February 2016: This lawsuit was transferred to federal court. (Harris et al v. Amazon.com, LLC, Case No. 16-cv-967, C. D. CA.) January 2016: A class-action lawsuit was filed against Amazon…
January 2016: A federal judge dismissed this lawsuit after the parties reached a settlement agreement, the terms of which have not yet been disclosed. October 2015: This lawsuit was transferred…
August 2016: The Second Circuit Court of Appeals vacated the District Court’s decision to dismiss the case and remanded the case for further proceedings. (Nicosia et al v. Amazon.com, Inc.,…
Arriana McLymore and Katherine Masters, Reuters
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