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Consumer Fraud Archives

Pharmaceutical Antitrust Suit Survives Motion to Dismiss

Recently pharmaceutical company Fresenius Kabi USA LLC ("Fresenius") accused Par Pharmaceutical Companies, Inc. ("Par") of abusing its monopoly on an anti-diuretic drug, which increases blood pressure in patients with vasodilatory shock, by increasing prices and preventing competitors from entering the market, which violates antitrust laws. On February 10, 2017, the U.S. District Court for the District of New Jersey allowed the case to proceed by denying Par's motion to dismiss.

Shored-up anti-scam bill seeking to protect seniors introduced

We all know that there is no dearth of con artists working hard in unscrupulous businesses and industries across the country, seeking to take the hard-earned money -- indeed, the life savings -- of victims who are not constantly on guard against consumer fraud.

Five Million Dollar Settlement for Johnson & Johnson Bedtime Products

The National Sleep Foundation recommends 14 to 17 hours of sleep for newborns, and 12 to 15 hours of sleep for infants. However, as many caretakers know, ensuring children achieve the optimal amount of sleep can be difficult. As a result, Johnson & Johnson Consumer Companies, Inc. ("Johnson & Johnson" or the "Company") created "J&J's Bedtime" line of baby products to help babies sleep. Unfortunately, many customers who bought J&J's Bedtime products were disappointed by the results.

ConAgra Class Certification Upheld in Ninth Circuit

When a group of people have a similar grievance relating to a product, consumer class actions are an incredible legal tool to recover losses. As a class, consumers have more leverage to hold companies accountable for their products, especially in instances where their individual losses are not enough to justify proceeding on their own. Rule 23 of the Federal Rules of Civil Procedure ("Rule 23") outlines the legal requirements to form a class. Class certification requires having a group that is numerous enough so that individual litigation is impractical, the group must have common questions of law or fact, typical claims, and the representative party must be able to fairly and adequately protect the interests of the class.

Qui Tam Claims Under the False Claims Act: Yes, They're Effective

We duly note on a relevant page of our website at the national law firm of Shepherd, Finkelman, Miller & Shah, LLP, that our attorneys "have represented clients in a number of significant cases under the False Claims Act."

Norcold Inc. and Consumers Get Final Approval on Settlement

A $36 million consumer class action settlement, brought against Norcold, Inc.("Norcold" or the "Company") was approved by Judge Staton of the U.S. District Court for the Central District of California. Judge Staton approved the settlement despite the fact that a group of consumers, who were former class members, had objected arguing that the class was entitled to higher compensation.

Volkswagen Settles Lawsuit Over Emissions Scandal

In 2008, Volkswagen began installing illegal engine control software in several of its Volkswagen and Audi models. The software recognized when the car was being tested for emissions, and increased the engine's emission controls in order to pass the inspection. However, during normal driving conditions, the software would shut down the vehicle's emission controls, resulting in the cars releasing 40 times as many pollutants, thus violating the Clean Air Act.

Class Requests Certification Due to Vitamin Company's Deceptive Packaging

A group of consumers is asking a Florida federal judge to certify a class of purchasers of NBTY Inc.'s ("NBTY" or "The Company") vitamins due to alleged misleading packaging. The complaint alleges NBTY vitamins labeled, "Made in America," contain ingredients imported from foreign countries, which is a violation of the Florida Deceptive and Unfair Trade Practices Act and the Federal Trade Commission Act.