Recyclability Claims on Dasani, Poland Spring and Other Bottled Waters
Allegations: False “100% Recyclable” claims
VitaRain Water
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.).
Class-Action Tracker
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
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
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
In September 2020, a class-action lawsuit was filed against Costco Wholesale Corp. for allegedly falsely marketing Optifiber Natural Prebiotic Fiber Supplement as “natural” when, according to plaintiffs, the supplement contains…
2nd Generation Apple AirPods
In April 2020, a class-action lawsuit was filed against Costco for allegedly falsely advertising that 2nd Generation Apple AirPods are capable of wireless charging and come with a wireless charging…
Kona Coffee
May 2019: The Bond case 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…
Roundup Sold at Costco
In September 2019, a class-action lawsuit was filed against Costco for allegedly misleadingly selling Roundup® without adequately warning consumers that the herbicide contains the alleged carcinogen glyphosate and is dangerous.…
Kirkland Signature Cleaners
April 2019: This action was voluntarily dismissed because the parties reached a settlement agreement, the terms have not been disclosed. May 2018: A class-action lawsuit was filed against Costco Wholesale…
TruNature Ginkgo Biloba with Vinpocetine
March 2019: The Ninth Circuit Court of Appeals reversed the district court order for summary judgment and remanded the case for further proceedings. September 2017: The named plaintiff filed a…
Kirkland Signature Extra Strength Glucosamine and Chondroitin Joint Health Products
November 2018: This case was transferred to federal court. (Case No. 18-cv-2646, S. D. CA.) October 2018: A class-action lawsuit was filed against Costco for allegedly falsely advertising Kirkland Signature…
“Independent Doctors of Optometry” at Costco
In July 2018, the Ninth Circuit Court of Appeals reversed in part and vacated in part the dismissal of a class-action lawsuit filed against Costco in 2014. The lawsuit alleges…
Kirkland Signature Wild Alaskan Fish Oils
In February 2018, a class-action lawsuit was filed against Costco for allegedly falsely marketing Kirkland Signature Wild Alaskan Fish Oil as containing 1,050 mg unsaturated fatty acids consisting of 330…
The Packaging of Kirkland Signature Premium Chunk Chicken Breast
February 2018: Plaintiffs filed a Notice of Appeal regarding the order dismissing this case. January 2018: A federal judge granted the company’s motion to dismiss concluding that plaintiffs’ claims are…
Several Brands of Flushable Wipes
In December 2017, a class-action lawsuit was filed against several manufacturers of flushable wipes – specifically, Costco, CVS, Kimberly-Clark, Procter & Gamble, Target, Walgreens, and Walmart – for allegedly falsely…
Kirkland Coconut Oil
July 2017: A federal judge preliminarily approved a settlement agreement that would resolve the claims in this case. According to the settlement terms, each class member will be awarded a…
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…
Kirkland Signature Moist Flushable Wipes
April 2017: This case was transferred to a court in Oregon. (Case No. 17-cv-567, D. Ore.) May 2015: A class-action lawsuit was filed against Costco Wholesale Corporation and Nice-Pak Products,…
Trunature Milk Thistle Herbal Supplements
In June 2017, a class-action lawsuit was filed against Costco for allegedly misleadingly marketing the amount of silymarin (i.e., the main component of milk thistle seeds) in Trunature Milk Thistle…
Kirkland Signature Wild Alaskan Fish Oil
In February 2017, a class-action lawsuit was filed against Trident Seafoods Corp. and Costco for allegedly falsely marketing Kirkland Signature Wild Alaskan Fish Oil. According to the complaint, the companies…
Shrimp from Costco
January 2017: A federal judge dismissed this case When a complaint is dismissed with prejudice, it cannot be refiled.. Claims against Charoen Pokphand Foods and C.P. Food Products (collectively the…
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