Cheez-It “Whole Grain” Mislabeling Suit Revived

On December 11, 2018, a three-judge panel consisting of Second Circuit Court of Appeals Judges Pierre N. Leval, Robert D. Sack, and Christopher F. Droney vacated a 2017 decision dismissing a complaint alleging that the “whole grain” label on Cheez-It crackers was misleading. The suit was originally filed in 2016 as a class of all […]


Law Enforcers Turn up Heat on Fuel Company in Fraud Case

A company that provides heat to towns, school districts, prisons and other entities was prominently spotlighted recently for its corporate activities and involvement in the communities it serves. And not in a good way. In fact, a Hudson Valley fuel supplier just achieved material notoriety for reportedly being the first company ever to suffer civil […]


Hyundai Faces Class Action Suit Over Sonata Brake Defect

On December 5, 2018, plaintiffs Steve Miller, Rebecca McCormick, Darrell R. White, Karen Marshall, and Charlene Liddle (“Plaintiffs”) filed a motion to certify a proposed class in their action against Hyundai Motor America (“Hyundai” or “HMA”), alleging the auto manufacturer sold Sonata models with defective brakes. The proposed class consists of all consumers who bought […]


Class Certified in Pizza Hut Telephone Consumer Protection Act Suit

On December 3, 2018, Judge Kenneth A. Marra of the United States District Court for the Southern District of Florida certified a class of cell phone users who alleged that Pizza Hut violated the Telephone Consumer Protection Act (“TCPA”) by texting unsolicited advertisements after members’ friends had written down their numbers during the “Friend forwarding” […]


Le Lechonera Sued Over False “All Natural” Advertising

On November 26, 2018, Plaintiff Thomas Williams (“Williams”) filed a putative class action against Le Lechonera Products Inc. (“Le Lechonera”) in the Eleventh Judicial Circuit Court of Florida, alleging that Le Lechonera’s claims that its Natural Mojo Marinade is all natural and has no preservatives are false, as the product actually contains canola oil and […]


Criminal Outcome Against Drug Maker Harsh, Civil Suit Even More So

Drug wholesaler AmerisourceBergen took a painful punch last year as the defendant in a federal criminal lawsuit. The company was slapped with a $260 million criminal fine after pleading guilty to fraud-related charges in litigation filed by the federal government. It turns out that what was seemingly a painfully high exaction ended up as a […]


HP to Settle Cartridge Monopoly Class Action For $1.5 Million

In a settlement proposed on September 18, 2018, in the United States District Court for the Northern District of California, Hewlett Packard Co. (“HP” or the “Company”) agreed to pay a class of printer consumers $1.5 million to resolve claims that HP caused phony error messages to pop up when consumers used third-party ink cartridges. […]


Trader Joe’s Agrees to $1.3 Million Settlement in Tuna Can Suit

On September 14, 2018, the proposed class in a suit against Trader Joe’s asked the United States District Court for the Central District of California to give preliminary approval to a $1.3 million settlement. The proposed class action alleged the grocery store chain under-filled five-ounce cans of tuna, and class members say the payout, which […]


Class of Muscle Milk Consumers Wins Partial Certification In Misleading Label Case

On September 7, 2018, California federal District Court Judge M. James Lorenz granted partial certification to a nationwide class and subclasses of Muscle Milk purchasers in California, Florida, and Michigan who alleged the product’s label exaggerates the nutritional benefit of the protein supplement. Plaintiffs claimed the Muscle Milk “ready-to-drink” protein shakes overstate the amount of […]


Consumers of Kona Beer Request Class Certification In False Advertising Suit

During a hearing on September 6, 2018, counsel for California consumers of Kona Brewing Co. (“Kona” or the “Company”) beer accused the Company of misleading purchasers into believing its beer is made in Hawaii, when it is actually brewed on the mainland in Colorado, Oregon, and Tennessee. The packaging for Kona’s beer lists Kona, HI, […]

A Message to Our Clients About Coronavirus COVID-19:

A Message to Our Clients About Coronavirus COVID-19

At Shepherd, Finkelman, Miller & Shah, LLP, we view the safety and well-being of our clients, staff and business partners as our highest priority.

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