Class Actions Involving Consumer Products
Lumber Liquidators is a publicly traded company that sells a number of Chinese-made laminate flooring items in addition to real wood flooring. The stores’ laminate flooring was marketed as safe to consumers under California’s strict CARB Compliance regulations. Unfortunately, independent testing, as described in a 60 Minutes investigation, revealed that Lumber Liquidators’ labeling may be false and that the laminate might contain excessive levels of formaldehyde, a known carcinogen.
The Department of Health and Human Services names formaldehyde a human carcinogen based upon both human and animal inhalation studies. Other health issues related to formaldehyde include nasal and eye irritation, neurological effects, decreased body weight, gastrointestinal ulcers and potential liver and kidney damage as well as a greater risk of asthma and allergies.
Baron & Budd is investigating the laminate flooring products sold by Lumber Liquidators.
Baron & Budd brought its considerable resources to bear in litigation involving Brazilian Blowout, a popular hair straightening solution that was falsely advertised as being free of formaldehyde, a known carcinogen.
In December 2013, a settlement was reached. This settlement funded claims by consumers and hair stylists for partial reimbursement of their expenses for purchasing the Brazilian Blowout solution as well as reimbursement of medical expenses for short-term, transient injuries. A significant additional “win” is that members of the class action will retain the right to sue for any permanent injuries, including cancer.
The U.S. Food and Drug Administration (FDA) issued a warning to Alexia Foods, a manufacturer of gourmet frozen foods, in 2011 about its “All Natural” claims. Baron & Budd challenged Alexia’s labeling, alleging that many of their products actually contain synthetic chemicals. The resulting settlement required ConAgra to pay $3.2 million and to stop using the phrase “All Natural” on its packaging.
Baron & Budd brought a class action lawsuit addressing marketing of AVON’s Anew line of products, Anew Clinical Advanced Wrinkle Corrector, Anew Reversalist Night Renewal Cream, Anew Reversalist Renewal Serum and Anew Clinical Thermafirm Face Lifting Cream products. The lawsuit filed by Baron & Budd was the first lawsuit filed against AVON regarding the deceptive advertising of these products.
Ensure Muscle Health with Revigor
Baron & Budd brought a class action against Abbott Laboratories, Inc. d/b/a Abbott Nutrition, creators of the “Ensure Muscle Health” and “Ensure Clinical Strength” drinks, concerning the allegedly deceptive and misleading practices with respect to the labeling of these products.