
Kirkland Signature Fish Oil
Allegations: Misleadingly marketing that supplements “Help[] Support a Healthy Heart”
May 2016: The Ninth Circuit Court of Appeals vacated the dismissal of the action without prejudice and instructed the district court to re-enter its dismissal judgment When a complaint is dismissed with prejudice, it cannot be refiled..
January 2014: After the district court refused to amend the judgment to be a dismissal When a complaint is dismissed with prejudice, it cannot be refiled., Costco and Niagara Bottling filed Notices of Cross-Appeal regarding the November 2013 dismissal and the January 2014 judgment denying the defendants’ motion to amend the judgment.
November 2013: A federal judge dismissed a class-action lawsuit against Costco Wholesale Corp. and Niagara Bottling, LLC. The plaintiffs, who originally brought their lawsuit in 2012, alleged that (1) the use of the name “VitaRain” implies that the drink is nutritional, healthy, and full of vitamins only, when that is not the case, (2) the companies represented that the drink contains “natural caffeine” when it doesn’t, and (3) the companies represented that the drink is a “natural tonic” when it actually contains unnatural ingredients. The judge dismissed the complaint When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled..
With respect to the name “VitaRain,” the judge did not find it plausible that the name could deceive consumers because it is “largely nonsensical.” The judge also stated that the plaintiffs failed to plead that VitaRain is not actually “nutritional” or “healthy.” With respect to the “natural caffeine” and “natural tonic” claims, the judge decided that the plaintiffs failed to adequately plead that the products’ labels caused them financial harm because they didn’t even allege that they ever read the statements at issue or that they based their purchasing decision on those statements.
Later in November, the named plaintiff filed a Notice of Appeal regarding the dismissal. (Maple et al v. Costco Wholesale Corporation, Niagara Bottling LLC, and Does 1-100, Case No. 12-cv-05166, E. D. WA.).
Allegations: Misleadingly marketing that supplements “Help[] Support a Healthy Heart”
Allegations: Falsely marketing products as purified water “with minerals added for taste” without adequately disclosing that they contain synthetic ingredients
Allegations: Falsely marketing products as “made with Naturally Derived Ingredients”
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
Allegations: Falsely marketing that phenylephrine products treat congestion and other cold and flu symptoms
Allegations: Falsely marketing that medicines relieve nasal congestion
Allegations: Misleadingly marketing that products do not contain preservatives
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
Allegations: False “100% Recyclable” claims
Allegations: False “100% Recyclable” claims
Allegations: False “100% Recyclable” claims
Allegations: Misleadingly marketing products as “Himalayan” and coming from “the heart of the Himalayan Mountains” when the salt comes from Pakistan
Allegations: Misleadingly marketing that products contain enough detergent to wash 146 loads of laundry
Allegations: Misleadingly marketing black raspberries are a flavoring ingredient in sparkling waters
Allegations: Misleadingly marketing products as “keto” when they contain ingredients that are not compatible with a ketogenic diet
Allegations: Falsely advertising tuna products as “dolphin safe” when the company uses fishing methods that seriously injure and kill dolphins and other marine life
Allegations: Falsely marketing that ice cream bars are dipped in chocolate when the coating is actually a chocolate substitute
Allegations: Deceptively marketing wipes as “flushable”
Allegations: Failing to disclose products contain heavy metals, toxins, and contaminants
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…
Allegations: Misleadingly marketing pet foods as “grain free” and containing only certain ingredients when they contain wheat and other unlisted ingredients
Allegations: Misleadingly marketing that ice cream bars are coated in chocolate when the coating contains ingredients not found in chocolate
Allegations: Misleadingly advertising the amount of time Duracell LED flashlights provide light and the lifespan of the flashlights while in storage
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