Areas of Practice
Consumer Fraud
Manufacturers often promise impressive results or benefits to convince consumers to buy their products, even when they cannot deliver. False advertising occurs in every industry and is especially prevalent among “health” foods and beverages, nutritional and workout supplements, homeopathic products, cosmetics, and other consumer packaged goods.
Product Defects
Whether because of a design flaw, the use of subpar materials, or shoddy workmanship, all sorts of products, from automobiles to power tools, experience product defects, which can sometimes endanger their users.
Antitrust & Racketeering
Some companies harm consumers and their competitors by engaging in unlawful practices that stifle competition. Often this involves a conspiracy among several companies, who take advantage of the U.S. mail system and the Internet to carry out their fraudulent and anticompetitive activities.
Financial & Cryptocurrency Fraud
With little regulation, complex and opaque systems, and the ease of digital transactions, financial markets, especially those involving cryptocurrency, are ripe with opportunities for, and examples of fraud.
Recent & Notable Settlements
$10.5 Million for Clif Bar and Kid Z Bar Consumers
Lawsuit: Milan v. Clif Bar & Co., No. 18-cv-2354 (N.D. Cal.), filed April 19, 2018
Allegations: Labeling claims that Clif Bars provide “Nutrition for Sustained Energy,” and that Kid Z Bars are “nutritious” misleading in light of bars’ high sugar content.
Settlement: June 2022 (pending preliminary approval)
$10.5 million non-reversionary common fund
Agreement to remove & refrain from using “nutritious” claims
More Information: www.BarsClassAction.com
$8 Million for BelVita Breakfast Biscuit Consumers
Lawsuit: McMorrow v. Mondelez Int’l Inc., No. 17-cv-2327 (S.D. Cal.), filed November 16, 2017
Allegations: Labeling claim that BelVita Breakfast Biscuits provide “nutritious, steady energy” misleading in light of bars’ high sugar content.
Settlement: November 2021 (Final Approval Granted April 2022)
$8 million non-reversionary common fund
Agreement to remove & refrain from using “nutritious” claims
More Information: www.BreakfastBiscuitClaims.com
$1.5 Million for Welch 100% Grape Juice Consumers
Lawsuit: Hanson v. Welch Foods Inc., No. 20-cv-2011 (N.D. Cal.), filed March 23, 2020
Allegations: Labeling claim that Welch Grape Juices “Help Support Heart Health” are misleading in light of the juices’ high sugar content.
Settlement: October 2021 (Final Approval Granted April 2022)
$1.5 million non-reversionary common fund
Agreement to remove & refrain from using “supports heart health” claims
More Information: www.WelchFoodsSettlement.com
$13 Million for Kellogg Cereal Consumers
Lawsuit: Hadley v. Kellogg Sales Co., No. 16-cv-4955 (N.D. Cal.), filed August 29, 2016
Allegations: Health and wellness claims on Kellogg cereals are misleading in light of their high added sugar content.
Settlement: March 2021 (Final Approval Granted November 2021)
$13 million non-reversionary common fund
Agreement to remove & refrain from using numerous health & wellness claims if more than 10% of cereals’ calories come from added sugar
More Information: www.CerealClaims.com
$15 Million for Post Cereal Consumers
Lawsuit: Krommenhock v. Post Foods, LLC, No. 16-cv-4958 (N.D. Cal.), filed August 29, 2016
Allegations: Health and wellness claims on Post cereals are misleading in light of their high added sugar content.
Settlement: January 2021 (Final Approval Granted June 2021)
$15 million non-reversionary common fund
Agreement to remove & refrain from using numerous health & wellness claims if more than 10% of cereals’ calories come from added sugar
More Information: www.AddedSugarClassAction.com
$21.5 Million for RoundUp Concentrate Consumers
Lawsuit: Rawa v. Monsanto Co., No. 17-cv-1252 (E.D. Mo.) (filed April 5, 2017)
Allegations: Consumer fraud class action alleging Monsanto delivered approximately half the number of gallons of spray solution promised for RoundUp Concentrate and RoundUp Super Concentrate herbicides.
Settlement: October 2017 (Final Approval Granted May 2018 & Affirmed by the Eighth Circuit Court of Appeals in August 2019)
$21.5 million non-reversionary common fund
Agreement to remove “Makes Up To _ Gallons” representations on RoundUp Concentrate labels
Accolades
“The Court congratulate[s] counsel on [their] good work in this risky case[.]”
Hon. William H. Orrick
United States District Judge, Northern District of California
Civil Minutes for June 23, 2021 Hearing on Motion for Final Approval in Krommenhock v. Post Foods, LLC, No. 16-cv-4958 (N.D. Cal.)
“The entire firm . . . are well-known and respected in the class action litigation field, and they did their usual excellent job here.”
Hon. Michael M. Anello
Unites States District Judge, Southern District of California
March 28, 2021 Hearing on Motion for Final Approval in Loomis v. Slendertone Distrib., Inc., No. 19-cv-854 (S.D. Cal.)
“I believe, under all circumstances, it is a fair and just settlement . . . and the best settlement for the Plaintiff Class to which Kellogg would agree,” which “would not have been reached . . . but for the excellent skills and judgment of Counsel involved.”
Hon. James F. Holderman (Ret.)
Chief Judge of the United States District Court for the Northern District of Illinois
October 15, 2019 Declaration submitted in Hadley v. Kellogg Sales Co., No. 16-cv-4955 (N.D. Cal.)
“[T]he amount of the common fund negotiated by Plaintiffs is excellent, providing full recovery for claimants.”
Honorable Audrey G. Fleissig
United States District Judge, Eastern District of Missouri
Rawa v. Monsanto Co., 2018 WL 2389040, at *7 (E.D. Mo. May 25, 2018)
Judges Consuelo M. Callahan, Steven Trott & Alex Konzinski
“Counsel’s procurement of monetary and injunctive relief appears to have been an exceptional result.”