Consumer Law

Chemerinsky: SCOTUS gets another look at the Affordable Care Act

The Supreme Court will hear oral arguments March 4 in one of the most important cases of the term, King v. Burwell, which could determine the fate of the Patient Protection and Affordable Care Act. In National Federation of Independent Business v. Sebelius, decided in 2012, the Supreme Court upheld…

Feb 25, 2015 9:15 AM CST

Suit by grieving pet owner claims Beneful can harm or kill dogs

A California dog owner has filed a lawsuit claiming that propylene glycol and mycotoxins in Beneful dog food can kill dogs or make them ill. Frank Lucido claims in the suit that one of his three dogs died after eating Beneful dry kibble dog food while the two others became…

Feb 25, 2015 7:56 AM CST

Woman sues over barbecue brush, seeks unspecified damages for surgery costs

A free barbecue brush that came with a new grill was no bargain, a Maine woman contends. In a January lawsuit filed in Maine state court that has since been removed to federal court there, Deborah Lamont says the high-carbon steel brush was unreasonably dangerous. Her Aroostook County Superior Court…

Feb 24, 2015 4:30 PM CST

Midwest law firm wins record $62M settlement from Lockheed in suit over 401(k) fees

Lockheed Martin Corp. has agreed to pay $62 million to settle a federal lawsuit by a St. Louis law firm contending that it charged excessive fees and in its 401(k) plans. The amount is a record high settlement for a case of this kind, reports the Wall Street Journal (sub.…

Feb 23, 2015 5:45 PM CST

Bankruptcy court battle looms over economic-loss claims against GM concerning ignition-switch issues

As so-called master of disaster Kenneth Feinberg parcels out compensation from a $400 million General Motors fund for those injured and killed in accidents caused by vehicle ignition-switch issues, the automaker is headed to court next week in a separate case to do battle over economic-loss claims. GM says that…

Feb 13, 2015 3:30 PM CST

Judge: It is consumer fraud for therapists to call homosexuality a curable mental disorder

A New Jersey lawsuit against a group that referred individuals to therapists who claimed to be able to help clients change their sexual orientation won’t be tried before this summer. But a Tuesday ruling by the judge overseeing the case is being hailed by the Southern Poverty Law Center, which…

Feb 11, 2015 2:10 PM CST

Woman sues P.F. Chang’s, says restaurant’s higher prices for gluten-free food violate ADA

Corrected: A California woman is suing an Arizona-based restaurant chain over the surcharges it imposes for gluten-free menu items. The additional $1 charged by P.F. Chang’s China Bistro Inc. for gluten-free items violates the the Americans with Disabilities Act, the suit contends> It points out that many who order them…

Feb 9, 2015 3:55 PM CST

Fight fraudulent foreclosure rescue practices, House of Delegates urge governments

After a false start last August, the Section on Individual Rights and Responsibilities was able to pass its resolution condemning “foreclosure rescue” fraud. According to delegate Estelle Rogers, who presented Resolution 111C, the resolution ran into trouble with the Standing Committee on Professional Discipline, which is wary of resolutions that…

Feb 9, 2015 3:50 PM CST

DA uses own parking ticket to probe city practices, calls end run around courts unconstitutional

Unhappy with the way the local municipal judge handled parking tickets, the city of Easton, Pennsylvania, simply started sending its tickets to collection agencies, instead. There’s a problem with that approach, however, Northampton County District Attorney John Morganelli ltells the Express-Times: It’s unconstitutional because of a lack of notice. “In…

Feb 9, 2015 3:20 PM CST

Be careful what you say when your smart TV is on, Samsung warns customers

Do you have a smart television? Better watch what you say in front of the TV set, Samsung is warning its customers. Even if the owner opts out of the voice-recognition feature, which allows owners to request content by simply asking for it, the set will still capture what is…

Feb 9, 2015 10:15 AM CST

Only 21% of herbal supplements tested had accurate ingredient labels, New York AG says

New York Attorney General Eric Schneiderman has sent cease-and-desist letters to four major retailers asking them to stop the sale of allegedly mislabeled store-brand herbal products. Tests found only 21 percent of the supplements had DNA just from the herbs listed on the product labels, according to a press release,…

Feb 4, 2015 9:06 AM CST

Distillers are facing lawsuits over ‘small batch’ and ‘handmade’ labeling claims

What does handmade, small batch or even all-natural mean when it comes to liquors and spirits? That's the question pending in numerous courts around the country as some niche distillers are finding their labels under scrutiny.

Feb 1, 2015 6:00 AM CST

Federal appeals court agrees with FTC that Pom Wonderful ad claims were deceptive

Rejecting Pom Wonderful’s free-speech argument, a federal appeals court on Friday agreed with the Federal Trade Commission that the pomegranate juice marketer made deceptive advertising health claims which weren’t backed by sufficient medical evidence. However, the U.S. Court of Appeals for the District of Columbia Circuit said that one clinical…

Jan 30, 2015 5:25 PM CST

Promoter who touted weight loss benefits of green coffee beans settles with FTC

A promoter who claimed green coffee beans help weight loss has agreed to pay $9 million in a settlement with the Federal Trade Commission. The promoter, Lindsey Duncan, claimed that people who used the coffee bean extract could lose 17 pounds in 12 weeks without eating less or exercising more,…

Jan 27, 2015 12:16 PM CST

Feinberg OKs payment for 50 deaths from $400M GM ignition fund; compensation starts at $1M

Attorney Kenneth Feinberg, retained by General Motors to oversee a $400 million compensation fund for death and injury claims linked to faulty ignition switches in the automaker’s vehicles, has approved 50 death claims for payment so far. Compensation for deaths starts at $1 million, according to the Associated Press and…

Jan 27, 2015 12:05 PM CST