News in Brief April 11 – Monster, General Motors and More

Fourth GM Bellwether Trial Dismissed

The fourth bellwether trial in an ongoing multidistrict litigation over allegedly defective ignition switches from General Motors has been dismissed. The terms of the dismissal have not been made apparent, and a statement from GM claimed that they were ready for the case to go to trial in July. The next trial is set to take place in September and the sixth in either mid-November or early December.

Bed, Bath & Beyond and Toys R Us Hit with Lawsuits over Website Terms

Bed, Bath & Beyond and Toys R Us are each facing proposed class actions claiming that the online terms on their respective websites illegally bar customers from seeking damages in court. The lawsuits claim that if consumers were to buy a product that was unsafe they would be unable to file a lawsuit over any injuries they suffered – in violation of the Truth in Consumer Contract Warranty & Notice Act.

Wal-Mart Fights for Pork and Beans Lawsuit Dismissal

Wal-Mart has asked for dismissal in a proposed class action claiming that it sells a pork and beans product that contains no pork. According to the plaintiff, the U.S. Department of Agriculture requires pork and beans products to contain at least 12% pork to use “pork and beans” on the label, and the plaintiff’s testing found no trace of pork at all. The retailer claims that the tests run by the plaintiff were not sensitive enough to detect if a product contains less than two percent pork, which is how Wal-Mart’s Great Value Pork & Beans is advertised.

Consumers Attempt to Revive Monster Lawsuit

Several consumers are urging the Ninth Circuit to revive a class action against Monster Beverage Corp. The lawsuit claimed that Monster’s beverage labels were misleading and caused consumers to believe that the drinks weren’t unhealthy when in fact they have the potential to lead to health problems. According to the plaintiffs, the labels on Monster’s caffeinated drinks led them to believe that they were hydrating like sports drinks and that they were healthy so long as fewer than three were consumed in a day.