
CATrends: Empty Space in Consumer Goods
Lawsuits aren’t giving any slack when it comes to underfilled packages.
January 2018: This case was dismissed because the parties reached a settlement agreement. The terms of the agreement have not been disclosed. The named plaintiff’s individual claims were dismissed When a complaint is dismissed with prejudice, it cannot be refiled. and the class members’ claims were dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled..
August 2017: This case was transferred to federal court. (Case No. 17-cv-5094, N.D. Cal.)
July 2017: A class-action lawsuit was filed against Philosophy, Inc. regarding the marketing of its “Ultimate Miracle Worker” products. The complaint alleges that the company makes unlawful drug claims about the products – including that they “help your skin rebuild its natural collagen” and “naturally rejuvenate itself” – and unlawfully markets them as drugs without the proper approval from the FDA to do so. (Bogdanic et al v. Philosophy, Inc. et al, Case No. 1702773, California Superior Court – County of Marin)
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