‘Won’t Leak’ Claims on Hartz Housetraining Pads Are False and Misleading, Class Action Claims
Benjamin et al. v. The Hartz Mountain Corporation
Filed: December 18, 2021 ◆§ 3:21-cv-50473
A proposed class action alleges Hartz Home Protection housetraining pads for dogs are falsely advertised in that they leak after normal usage.
Illinois
A proposed class action alleges Hartz Home Protection housetraining pads for dogs are falsely advertised in that they leak after normal usage.
The 10-page lawsuit claims that although The Hartz Mountain Corporation states on product labels that the housetraining pads prevent leakage and spreading, these representations are misleading. According to the suit, the product lacks the absorbency consumers expect because the inner lining of the pads is not distributed evenly throughout a pad when the product is unfolded.
Further, the case argues that the representation that the pads utilize “FlashDry” protection is also misleading given it takes several minutes, at minimum, to dry, “which is not a ‘flash,’ as it is understood by consumers.” The filing relays that the plaintiffs bought the Hartz pads because they expected that liquid would not leak through to the floor below or spread, and that any liquid that contacted the surface would dry rapidly.
“Reasonable consumers must and do rely on a company to honestly identify and describe the components, attributes, and features of a product, relative to itself and other comparable products or alternatives,” the complaint says. “The value of the Product that Plaintiffs purchased was materially less than its value as represented by defendant.”
Had the plaintiffs and other consumers known “the truth” about the Hartz pads, they would not have bought the product, or would have paid less for it, the suit contends.
The lawsuit looks to represent all consumers in Illinois, Washington, Arizona, Oregon, Texas, Iowa, Kansas, Virginia, Tennessee, New Hampshire, Alaska, South Dakota and Oklahoma who bought Hartz Home Protection housetraining pads within the applicable statute of limitations period.
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