News in Brief April 5 – Kohl's, Airwick and More

Kohl’s Class Action Certification Denied

A proposed class action claiming that Kohl’s inflated its compare-at pricing was denied class certification on Friday. The lawsuit alleged that Kohl’s “actual retail prices” were never intended to be used in store and were printed to make its “sales” prices look more appealing to consumers. The judge denied certification in the case after finding that even if the prices had been inflated, the plaintiff still paid less than the average price for the products she bought.

Lowe’s and Shop-Vac End False Advertising MDL

Lowe’s and Shop-Vac have agreed to extend the warranties on certain vacuums to end a multidistrict litigation that had been going on for years. The lawsuits claimed that certain Shop-Vac vacuums were not as powerful as they were advertised to be. The companies have agreed to extend the warranties for two years and to pay $4 million for plaintiffs’ legal fees.

Airwick Accused of Making Deceptive Claims

Reckitt Benckiser is facing a proposed class action over its Airwick aerosol sprays. According to the lawsuit, the sprays don’t eliminate odors like the ads claim, but simply cover them up. The plaintiff claims that customers paid a premium price for a product that was deceitfully marketed and therefore suffered a loss.

Paxil Birth Defect Suit Dismissed

A lawsuit claiming that the antidepressant Paxil caused cardiac birth defects has been dismissed from Pennsylvania state court. The judge found that the plaintiffs didn’t present sufficient evidence to support their claims. According to the decision, it can’t be inferred that doctors would have not prescribed Paxil if they had known about any additional risk.

21^st Century Oncology Hit with Another Data Breach Class Action

21^st Century Oncology is facing yet another class action in the wake of a data breach that affected close to two million patients’ personal information. The lawsuits are claiming that 21^st Century failed to protect the sensitive information of its patients and are seeking monetary relief for anyone who was affected by the breach.

FDA to Investigate Boston Scientific Transvaginal Mesh

On Friday, the Food and Drug Administration announced that it would be investigating claims that Boston Scientific used counterfeit material in its transvaginal mesh products in the midst of of an ongoing multidistrict litigation claiming that the products caused harm to patients. The FDA says that the investigation should be able to shed some light as to the effectiveness of the mesh products and the risks involved in their use.