Class Action Roundup – February 27

Sick of Cold-EEZE? Lawsuit Blasts it as “Totally Ineffective”

ProPhase Labs, Inc., the maker of Cold-EEZE lozenges, has been hit by a California lawsuit claiming the product is ineffective and not supported by any scientific findings. Plaintiff James Loren Gibbs alleges the company’s claim that Cold-EEZE is “clinically proven to reduce the duration of the common cold” lacks any supporting studies and that the main cold-fighting ingredient, zinc, has not been shown to help fight colds. As such, Gibbs accuses the company of false advertising, pointing out that Cold-EEZE is labeled as “homeopathic” specifically in order to avoid FDA regulation. The case was filed in the U.S. District Court for the Northern District of California.

LinkedIn Password Leak Leads to Settlement

LinkedIn has agreed to settle a lawsuit with more than 800,000 premium members after stolen passwords were posted online in 2012. According to reports, more than $1.25 million will be split among the class members, with a maximum payout per individual of $50. The lawsuit followed the publication of millions of LinkedIn users’ passwords on a Russian hacker website. Although only premium members are covered by the settlement, all users were encouraged to change their passwords while LinkedIn worked to improve security. The lawsuit is also an opt-in class action, meaning anyone who wants to claim a portion of the settlement funds must submit their information by May 2, 2015.

Lenovo, Superfish Hit with Lawsuits Over Adware “Spying”

Laptop maker Lenovo is facing mounting criticism – and lawsuits – over the installation of the controversial adware program Superfish. Users first became aware of the problem in the second half of 2014, ComputerWorld reports, and complained that the adware violated privacy laws by recoding browsing data without permission. In two recent lawsuits filed against Lenovo, the company is accused of violating the Electronic Communication Privacy Act and the Wiretapping Act. Security experts have been quick to criticize Superfish, with Marc Rogers of CloudFlare arguing that:

"In one move, this software trashes the last decade of browser security and privacy work, and the last five years of SSL cipher management.”

The lawsuit also alleges Lenovo engaged in fraudulent business practices and, perhaps worse, made its PCs vulnerable to malware and attacks. Laptops affected by the allegations include G Series, U Series, Y Series, Z Series, S Series, Flex, Miix, Yoga and E Series.

J&J Hip Settlement Reaches $2.5 Billion

Johnson & Johnson subsidiary DePuy Orthopedics, Inc. agreed last week to add $350 million to a settlement fund for thousands of hip implant patients, swelling the fund to $2.5 billion. J&J created the compensation fund in November 2013 and aimed to pay out $250,000 per patient to the 8,000 or so victims who underwent surgery with the company’s allegedly defective implants prior to September 1, 2013. The new funds will see the settlement expand to cover an estimated 1,400 patients who underwent surgery before February 1, 2015. J&J’s ASR hip implant was recalled in 2010 after two studies showed it had an excessive failure rate and could harm patients. J&J has since faced more than 10,000 federal and state lawsuits filed on behalf of those injured by the device.

Purina Beneful Kibble Dog Food Faces Lawsuit for Toxic Contents

Purina Beneful dry dog food is at the center of a much-reported lawsuit this week. The dog food, sold in dry “kibble” varieties, may contain potentially harmful ingredients that have led to the injury or death of thousands of dogs across the United States. According to the suit, Purina Beneful may contain mycotoxins derived from a grain fungus – which may be toxic to pets – and propylene glycol, an antifreeze ingredient that is known to be poisonous to cats and dogs.

Brands named in the suit include:

• Purina Beneful Healthy Weight
• Purina Beneful Original
• Purina Beneful Incredibites
• Purina Beneful Healthy Growth for Puppies
• Purina Beneful Healthy Smile
• Purina Beneful Healthy Fiesta
• Purina Beneful Healthy Radiance
• Purina Beneful Playful Life