News in Brief October 5 – Aveeno, Foot Locker, Naked and More

Classes Certified in Labeling Suit Over Aveeno’s “Active Naturals” Products

Certification has been granted to three classes of consumers who say the labeling on Johnson & Johnson’s Aveeno brand “Active Naturals” products is misleading since they reportedly contain man-made ingredients. The products’ labeling, the suit alleges, creates the “impression amongst reasonable consumers” that they are entirely natural—a notion that Johnson & Johnson reinforces with the products’ social media branding—all without disclosing and describing other “numerous synthetic, unnatural, and dangerous” components. According to the complaint, consumers who purchased any of Aveeno’s 90 different Active Naturals products, which include lotions and shampoos, in New York, California and Florida may be entitled to compensation.

Class Action Claims Foot Locker Charged Delivery Tax on Non-Taxable Goods

A class action against Foot Locker Inc. claims the shoe retailer violated New Jersey consumer protection laws by charging a sales tax on delivery costs for tax-exempt products purchased and sold online. According to New Jersey law, a sales tax cannot be tacked onto delivery charges for non-taxable items, which include household paper goods, medicine, unprepared food and clothing. The plaintiff in the suit alleges Foot Locker added a 56-cent fee on top of a $7.99 shipping charge for a pair of shoes he bought for $54.99 online. Class members, which could include all New Jersey residents who bought tax-exempt products online from Foot Locker since September 13, 2010, may be able to receive up to $100 each in compensation.

Naked and (Possibly) Liable: PepsiCo Sued Over Naked Products’ Marketing

A new class action filed in New York claims PepsiCo’s marketing for its Naked products misrepresents the drinks as “healthy” even though they actually contain high levels of sugar mixed with cheaper juices. The labels of Naked products, the suit alleges, advertise the drinks as containing “super ingredients,” such as kale, with “no sugar added.” Additionally, marketing for Naked drinks is rife with images of green vegetables. According to the complaint, some Naked drinks contain as much sugar as a regular 12-ounce can of Pepsi. Plaintiffs say they would not have bought Naked products had they known they were less nutritious than the company’s marketing made them appear.

Judge Nixes Counter Strike Teenage Gambling Class Action

A class action filed against Valve Corp, the makers of popular video game Counter Strike: Global Offensive, has been dismissed. The 2016 suit was filed by parents and gamers who said Valve Corp.’s Steam gaming platform spawned an illegal online gambling market in which third-party gaming sites could accept money from teenage customers for various items used during gameplay. Further, the suit alleged these gameplay items were treated “like casino chips” that could be placed into a winner-take-all pool, with Valve taking a piece of the pie whenever these products were sold. The plaintiffs even accused Valve Corp. of violating federal racketeering laws (RICO). According to the Washington state judge who axed the case, however, the plaintiffs’ gambling losses were not strong enough grounds on which a class action could proceed.

Let’s Not Get Rash: Old Spice Skin Burn Lawsuit Tossed

Citing that plaintiffs’ alleged injuries were too personalized to warrant class certification, an Ohio judge has thrown out a putative class action claiming Proctor & Gamble’s Old Spice brand of deodorant caused serious skin injuries. Specifically, the plaintiffs’ suit alleged Old Spice deodorant could cause more than just the rash and irritation warned of on the product’s label. Instead, Old Spice could cause serious “chemical burns, skin peeling, open scabbing wounds and permanent scarring,” the plaintiffs claimed. The main sticking point that prevented the suit from proceeding, the judge said, was that the named plaintiffs did not claim Old Spice products failed to deodorize. “Instead, plaintiffs allege personal injury,” the judge said, “which is not a classwide issue.”

Consumers may still be able to file a new complaint over the alleged harmful effects of Old Spice deodorant, as the lawsuit was dismissed without prejudice.