Kirkland Signature Fish Oil
Allegations: Misleadingly marketing that supplements “Help[] Support a Healthy Heart”
Costco Kettle Chips
November 2015: This case was stayed pending the resolution of three similar cases in the Ninth Circuit Court of Appeals.
November 2014: A federal judge dismissed some of the state false advertising claims (i.e., the negligent misrepresentation claims) in this lawsuit finding that the complaint did not refer to specific examples of misrepresentations made by the company, as required by state law. The judge stayed (i.e., suspended) the “evaporated cane juice” claims pending the FDA’s determination of when the term may be appropriately used. The other state law false advertising claims will move forward.
April 2014: Plaintiffs filed an amended complaint that removes the allegations regarding Costco’s Kettle Chips and now focuses on a variety of Costco’s fruit and nut products. Plaintiffs now allege, among other things, that the company deceptively markets several of these products as being rich in antioxidants, having “no sugar added,” promoting cardiovascular health, and being “preservative free” when those statements are actually false. Plaintiffs also claim that Costco misleadingly labels its Organic Chocolate Reduced Fat Milk as containing “evaporated cane juice” when it actually contains sugar.
For more details about plaintiffs’ revised allegations, click here to read the full amended complaint.
June 2012: A class-action lawsuit was filed against Costco claiming that it is making misleading health claims about its Kettle chips – namely, that the chips are healthy despite the fact that they contain a lot of saturated fat, cholesterol, and sodium. (Thomas v. Costco Wholesale Corp., Case No. 12-cv-02908, N.D.Ca.)
Class-Action Tracker
Kirkland Purified Water
Allegations: Falsely marketing products as purified water “with minerals added for taste” without adequately disclosing that they contain synthetic ingredients
Kirkland Signature Baby Wipes
Allegations: Falsely marketing products as “made with Naturally Derived Ingredients”
Merchandise Sold on Costco’s Website
Allegations: Misleadingly representing that Costco’s website informs consumers when merchandise may be available for a lower price in stores when it routinely fails to include such information
Sudafed, Tylenol, DayQuil, NyQuil and Store Brand Cold and Flu Medicines
Allegations: Falsely marketing that phenylephrine products treat congestion and other cold and flu symptoms
Kirkland Multi-Symptom Cold & Flu Severe
Allegations: Falsely marketing that medicines relieve nasal congestion
Kirkland Signature Ocean Spray Cranberry Juices
Allegations: Misleadingly marketing that products do not contain preservatives
Costco’s Free Replacement Warranties for Interstate Car Batteries
Allegations: Misleadingly advertising warranties as free when consumers who return a defective battery are refunded the original purchase price and then charged a higher price for a replacement battery
Recyclability Claims on Dasani, Poland Spring and Other Bottled Waters
Allegations: False “100% Recyclable” claims
Recyclability Claims on Niagara, Kirkland, and Other Bottled Waters
Allegations: False “100% Recyclable” claims
Recyclability Claims on Arrowhead, Poland Spring, Niagara, and Other Bottled Waters
Allegations: False “100% Recyclable” claims
Costco’s Kirkland Signature Ground Himalayan Pink Salt
Allegations: Misleadingly marketing products as “Himalayan” and coming from “the heart of the Himalayan Mountains” when the salt comes from Pakistan
Kirkland Signature UltraClean Premium Laundry Detergent
Allegations: Misleadingly marketing that products contain enough detergent to wash 146 loads of laundry
Kirkland Signature Black Raspberry Sparkling Water
Allegations: Misleadingly marketing black raspberries are a flavoring ingredient in sparkling waters
Keto Snacks
Allegations: Misleadingly marketing products as “keto” when they contain ingredients that are not compatible with a ketogenic diet
Kirkland Signature White Albacore Tuna in Water
Allegations: Falsely advertising tuna products as “dolphin safe” when the company uses fishing methods that seriously injure and kill dolphins and other marine life
Kirkland Signature Chocolate Almond Dipped Vanilla Ice Cream Bars
Allegations: Falsely marketing that ice cream bars are dipped in chocolate when the coating is actually a chocolate substitute
Scotts Naturals Flushable Moist Wipes and More
Allegations: Deceptively marketing wipes as “flushable”
Kirkland Organic Roasted Seaweed Snack
Allegations: Failing to disclose products contain heavy metals, toxins, and contaminants
Costco’s Risk-Free 100% Satisfaction Guarantee on Memberships
Allegations: Misleadingly marketing its Risk-Free 100% Satisfaction Guarantee by offering a full refund to members who cancel their memberships when executive members receive less than the amount they paid when…
Kirkland Pet Foods
Allegations: Misleadingly marketing pet foods as “grain free” and containing only certain ingredients when they contain wheat and other unlisted ingredients
Kirkland Signature Chocolate Almond Dipped Vanilla Ice Cream Bar
Allegations: Misleadingly marketing that ice cream bars are coated in chocolate when the coating contains ingredients not found in chocolate
Duracell LED Flashlights with Replacement Batteries
Allegations: Misleadingly advertising the amount of time Duracell LED flashlights provide light and the lifespan of the flashlights while in storage
Optifiber Natural Prebiotic Fiber Supplement
2nd Generation Apple AirPods
Kona Coffee
Roundup Sold at Costco
Kirkland Signature Cleaners
TruNature Ginkgo Biloba with Vinpocetine
Kirkland Signature Extra Strength Glucosamine and Chondroitin Joint Health Products
“Independent Doctors of Optometry” at Costco
Kirkland Signature Wild Alaskan Fish Oils
The Packaging of Kirkland Signature Premium Chunk Chicken Breast
Several Brands of Flushable Wipes
Kirkland Coconut Oil
Kirkland Signature Moist Flushable Wipes
Trunature Milk Thistle Herbal Supplements
VitaRain Water
Kirkland Signature Wild Alaskan Fish Oil
Shrimp from Costco
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