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

Class Action

Kirkland Purified Water

Allegations: Falsely marketing products as purified water “with minerals added for taste” without adequately disclosing that they contain synthetic ingredients

Merchandise Sold on Costco’s Website

Class Action

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

Keto Snacks

Class Action

Keto Snacks

Allegations: Misleadingly marketing products as “keto” when they contain ingredients that are not compatible with a ketogenic diet

Kirkland Pet Foods

Class Action

Kirkland Pet Foods

Allegations: Misleadingly marketing pet foods as “grain free” and containing only certain ingredients when they contain wheat and other unlisted ingredients


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