Common Law - The FindLaw Consumer Protection Law Blog


Cheez-It's 'Whole Grain' Slogan Could Mislead Consumers, Court Rules

How much whole grain must be in a Cheez-It cracker to label the box "Whole Grain" or "Made With Whole Grain"? Evidently that's a matter of law, according to the U.S. District Court of Appeals for the Second Circuit. A three-member panel overruled the district court's decision to dismiss the class action alleging "false and misleading" labeling on Kellogg's Cheez-It whole grain crackers for failing to make a claim. As such, the lower court will hear the case on its merits. Good thing this case isn't about how much cheese is in a Cheez-It. Perhaps Kellogg should label the crackers "Hole Grain".

Jimmy Dean Recalls Nearly 30,000 Pounds of Sausage

Just when you thought it was safe to eat again after the recent romaine lettuce E. Coli outbreak, Jimmy Dean has recalled nearly 30,000 pounds of its sausage meat after at least five customers found ribbons of metal laced through their links. Though no one has been injured to date, the metal does pose choking, laceration, and even poisoning dangers. Reports of the laced links started hitting the U.S. Department of Agriculture on December 10th, and appear to be in the 23.4-ounce frozen packages of Jimmy Dean Heat 'n Serve Original sausage links made with turkey and pork produced and packaged August 4, 2018, with a use-by date of January 31, 2019.

Supreme Court Won't Hear Flushable Wipes False Advertising Lawsuit

The United States Supreme Court refused a request to hear arguments regarding whether or not a consumer can bring a case for false advertising about flushable wipes. The plaintiff had prevailed at the appellate level, and now defendant Kimberly Clark Corporation's hopes are down the drain.

Cryptocurrency Ads on Facebook May Be a Scam

It seems a new scam consumer is born every minute, and a new one has just reared its ugly head on Facebook. Its goal is to get your credit card information. Its method is distraction.

Beware 'Deceptive' Online Lingerie Subscription Service

Subscription service revenue models have been on the rise. After all, what's more reliable to a company's bottom line than a monthly subscription revenue stream? But this practice has taken a drastic turn lately, as online consumers unknowingly default into monthly subscription services, and many fail to see the small check box to opt-out. What seems like a one-time purchase can surreptitiously become a non-refundable recurring monthly fee. And many consumers have only been able to recover their losses by filing a lawsuit.

Holiday Season Is Scam Season

As state and federal consumer protection departments know, the holiday season is ripe for scams. Nothing is sacred when it comes to scammers, and they don't mind taking advantage of people who are trying to do nice things over the holidays.

From online and in-store shopping to shipping, there's a lot to be mindful of when sharing financial information. Here are five of the most common scams to watch out for this holiday season.

Romaine Lettuce Causes E.Coli Outbreak

Romaine lettuce is involved in yet another E. Coli outbreak, and the Food and Drug Administration (FDA) has issues its most broad warning to date. Do not eat romaine of any kind -- neither bagged nor head, nor boxed romaine mixed with other leafy greens. Not in a restaurant or at home. Regardless of expiration date, and regardless of whether you have already eaten parts and feel great. The warning also extends to our Canadian neighbors to the north.

FDA to Ban Sales of Flavored Vaping in Convenience Stores

Following through on previous announcements, the Federal Drug Administration (FDA) issued a ban on selling flavored e-cigarette products at traditional convenience stores. They will now only be allowed to be sold at age-restricted tobacco stores and online stores that use age-verification checks. The FDA could see carving out exceptions for convenience stores that have a completely separate, age-restricted section.

Woman Sues Disneyland Hotel for Bedbug Bites

A hotel guest was quite literally bugged by a few things during a recent stay at Anaheim's Disneyland Hotel in April 2018. In a lawsuit she filed in Los Angeles Superior Court this week, Dr. Ivy Eldridge claims the Disneyland Hotel failed to provide her with a bedbug-free room, and as a result, ended up with welts and bites on her face, ears, neck, arms and back. Walt Disney Co., Walt Disney Parks and Resorts and Disneyland Hotel are all named defendants in the negligence lawsuit. The plaintiff seeks punitive damages as well as damages for physical and mental suffering.

Airline Price Fixing Class Action Filed

It came as no surprise that the airlines kept jacking up their prices and limiting their services, often at a time when jet fuel prices were plummeting. Consumers had almost given in to the turbulence of high ticket prices. But the winds are changing, and the settlements are coming.