Tag Archives: consumer rights

New Lawsuit Fires Up

Distilling a class action

Those who consume the occasional alcoholic beverage may or may not have noticed that the mini bottles sold under the Fireball Cinnamon label do not contain whisky. While the specific word “whisky” is not displayed on the product name, it may be assumed that the product is comparable, arguably identical to the larger variety Fireball Cinnamon Whisky bottle. In response to the apparent deceptiveness, plaintiff Anna Marquez has filed a class action lawsuit against the US-based manufacturer, Sazerac Co. Inc. In addition to damages, Marquez is also requesting a jury trial and injunction relief. Continue reading →

Studio Delivers a False Ad

Actress didn’t make the cut

A judge has ruled that despite free speech protections, based on a commercial factor, movie studios could be held liable for releasing content in previews or trailers that do not later display on the big screen. The ruling leaves the right to sue in the hands of fans. Aside from providing moviegoers with a heartfelt comedy for the ages, the 2019 film, Yesterday, also produced a trailer that featured actress, Ana de Armas, in the role of a potential love interest. The actress, who stars in Knives Out and Blonde, delivered a strong performance that is now included as a deleted scene in Yesterday. Continue reading →

Consumer Leads the Charge

Charging up a class action

An Apple consumer in Illinois has accused the company of misleading customers and providing a product that is not complete or sustainable for proper use. According to her complaint, plaintiff Elizabeth Steines alleges that as far back as last year, Apple sold its iPhones without chargers. Although there is printing that indicates the absence of the charger, the unit packaging may not necessarily illustrate an obvious warning that the iPhone Lightning Cable and power adapter are sold separately. The plaintiff is seeking punitive and compensatory damages on behalf of herself and additional claimants. Continue reading →

Dress for Sleep Success

Pajama problem

Parents and caregivers of little babies are tasked with choosing the precise food and developmental tools necessary to garner the greatest opportunity or likelihood for growth, safety, and happiness. While the brand of pureed sweet potatoes and the manufacturer reliability of baby swings are important considerations, it may be assumed that the clothing available for mass-market purchase is safe and comfortable for children. However, a November 17 recall of a specific yellow fleece footed pajama, manufactured by Carter’s, is proof that the quality of clothing chosen for little babies is as equally critical. Continue reading →

Cooking Up a Class Action

Deceptive packaging

Within the realm of seemingly frivolous lawsuits, the recent claim filed by a Florida mac and cheese consumer may offer valid points of contention. According to her argument, under the guise that the food is prepared in 3.5 minutes, Kraft Heinz Company has sold a competitively higher priced selection of mac and cheese cups to its consumers. For eight 2.39 ounce cups, the product, Velveeta’s Microwavable Shells and Cheese Cups, is valued at $10.99. The consumer contends that, had she known the true timeframe of food preparation from start to finish, she might not have elected to purchase a pricier mac and cheese option. Continue reading →