Walmart
TINA.org investigations into Walmart have revealed that the retail giant repeatedly engaged in false and deceptive Made in USA marketing on its website, and used undisclosed stealth marketing directed at…
April 2016: The Ninth Circuit Court of Appeals affirmed the dismissal concluding that the complaint failed to state a claim upon which relief could be granted. (Case No. 14-55752, 9th Cir.)
May 2014: Because plaintiffs did not file an amended complaint after their case was dismissed When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled., the case was dismissed When a complaint is dismissed with prejudice, it cannot be refiled.. Later in May, the named plaintiffs filed a Notice of Appeal regarding the dismissal of the case.
April 2014: A federal judge dismissed a class-action lawsuit against Walmart alleging that the company deceptively markets Equate Migraine. The complaint, which was originally filed in 2013, alleges that the company indicates Equate Migraine is stronger than Equate ES by charging a higher price and using a red background for the packaging.
The judge dismissed the lawsuit finding that the red background of Equate Migraine’s packaging and its higher price did not make any representation about the product. These claims were dismissed with prejudice, meaning that plaintiffs cannot refile. The judge also dismissed the claims based on the alleged website misrepresentation finding that plaintiffs had no independent basis for the claims and used them to “bolster” the price and red packaging claims. These claims were dismissed without prejudice, meaning that plaintiffs can refile. (Boris et al v. Wal-Mart Stores, Inc. and Walmart.com, Case No. 13-cv-07090, C.D. Cal.).
For more information about other class-action lawsuits filed against Walmart and TINA.org’s coverage of the company, click here.
For more information about other class-action lawsuits regarding the marketing of Equate Migraine and TINA.org’s coverage of the issue, click here.
For more information about other class-action lawsuits regarding the marketing of migraine medications and TINA.org’s coverage of the issue, click here.
TINA.org investigations into Walmart have revealed that the retail giant repeatedly engaged in false and deceptive Made in USA marketing on its website, and used undisclosed stealth marketing directed at…
Allegations: Misleadingly representing that products were safe when they contain, or were at risk of containing, the carcinogen benzene
Allegations: Falsely marketing products as non-drowsy
Allegations: Falsely marketing sunscreens as “Reef Friendly”
Allegations: Falsely marketing that devices accurately measure blood pressure
Allegations: Falsely marketing sunscreens as “Reef Friendly”
Allegations: Falsely marketing that medicines treat nasal congestion
Allegations: Falsely marketing that medicines treat congestion
Allegations: Falsely marketing that medicines relieve nasal congestion and sinus pressure
Allegations: Falsely marketing that medicines combat congestion and other sinus issues
Allegations: Falsely marketing that medicines relieve nasal decongestion
Allegations: Falsely marketing that medicines treat nasal congestion
Allegations: Misleadingly marketing medicines as “non-drowsy” when an ingredient in them causes drowsiness
Allegations: Falsely marketing sunscreens as “hypoallergenic” when they contain a significant amount of allergens, irritants, and other damage-causing chemicals
Allegations: Falsely marketing the product treats minor cuts and abrasions when scientific evidence shows it does not have such treatment capabilities
Allegations: Misleadingly marketing lidocaine pain relief patches
Allegations: Failing to disclose products contain the carcinogen benzene
Allegations: False “oil-free” claims
A class-action lawsuit was filed against Vi-Jon for allegedly falsely marketing that store-brand hand sanitizers – including Equate, Up & Up, Walgreens, and Germ-X – “Kill[] 99.99% of germs” when,…
In August 2020, a class-action lawsuit was filed against Perrigo Company and Walmart for allegedly misleadingly marketing that Equate Infant’s Pain & Fever Acetaminophen is formulated specifically for infants and…
In June 2020, a class-action lawsuit was filed alleging that Walmart misleads consumers by marketing Equate™ Infant’s Pain & Fever Acetaminophen and Equate™ Children’s Pain & Fever Acetaminophen as different…
In July 2020, a class-action lawsuit was filed against Vi-Jon, Inc. for allegedly falsely advertising that germ-X and several store-brand hand sanitizers – including CVS Health, equate (Walmart), and Walgreens…
April 2019: A federal judge dismissed certain claims but allowed the false advertising claims to move forward. November 2018: A class-action lawsuit was filed against Walmart for allegedly misleadingly marketing…
December 2017: This 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 been…
December 2013: This 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 been…
December 2013: This 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 been…
September 2016: A federal judge granted the named plaintiff’s motion to voluntarily dismiss this action and imposed two conditions on the dismissal: First, the named plaintiff must agree to use…
May 2016: This action was voluntarily dismissed When a complaint is dismissed with prejudice, it cannot be refiled. as to the named plaintiffs’ claims and When a complaint is dismissed…
January 2017: This action was dismissed When a complaint is dismissed with prejudice, it cannot be refiled., the reasons for which have not been disclosed. August 2015: A class-action lawsuit…
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