The following is a representative list of some of our past successes:
Jason & Avalon Organics Personal Care Products:
Class action lawsuit against The Hain Celestial Group, Inc. for violating California law by falsely advertising its “Jason” and “Avalon Organics” brands of personal care products as “organic,” when in fact such products are comprised primarily of non-organic ingredients. The parties reached a settlement in which Hain has agreed to create a $7.5 million claim fund, plus up to $1.85 million in coupons, for the benefit of consumers who purchased the products thinking that the products were organic. If you would like more information about this case, please visit the settlement website at www.HainOrganicCosmeticsLawsuit.com. (Brown, et al. v. The Hain Celestial Group, Inc.).
Cocamide DEA in Personal Care Products:
Proposition 65 enforcement action against cosmetic companies and retailers who manufacture, distribute and/or sell personal care products containing coconut oil diethanolamine condensate (“Cocamide DEA”). Such companies include Alberto-Culver Company, Bonne Bell, Conair Corporation, pH Beauty Labs, Method Products, John Paul Products, Ulta Salon, Cosmetics & Fragrance, Albertsons, Big Lots, Drugstore.com, Kroger, Macy’s, Marshalls, Nordstrom, Rite Aid, Ross Stores, Sally Beauty, Save Mart Supermarkets, Sephora, T.J. Maxx, Target, Toys ‘R’ Us and Walgreens. Cocamide DEA is a toxic chemical known to cause cancer that is used as a foam stabilizer, emulsifier and viscosity builder in cosmetic products such as shampoos and liquid soaps, including hand soap, body wash and bubble bath. The routes of exposure include dermal absorption and ingestion by individuals, including infants and children, when they apply such products to their hair, scalp or skin. If you would like more information about this case, please contact the Lexington Law Group at firstname.lastname@example.org.
Carcinogenic Flame Retardants in Children & Adult Consumer Products:
Proposition 65 case against manufacturers and re-sellers of consumer products made with foam that contain substantial quantities of the flame retardant 1tris (1,3-dichloro-2-propyl) phosphate (“TDCPP”). In 2011, the State of California listed TDCPP as a chemical known to cause cancer. Our investigation has revealeded TDCPP in products such as foam-cushioned pads that infants and children lie on sold by companies such as Amazon, Target, Wal-Mart, Babies “R” Us and Kmart; foam-cushioned mattress toppers sold by Bed Bath & Beyond, Carpenter Co. and J.C. Penney; and foam-cushioned upholstered furniture sold by Kmart, Target, Wal-Mart, Ameriwood Industries, Bed Bath & Beyond, Delta Enterprise and Dorel Industries, U.S.A. (CEH v. A Baby Inc., et al.; CEH v. Ameriwood Industries, Inc., et al.; CEH v. Britax Child Safety Inc., et al.; CEH v. Acoustical Solutions, Inc., et al.; CEH v. Pacific Play Tents, Inc., et al.) If you would like more information about this case, please contact the Lexington Law Group at email@example.com.
Arsenic in Drinking Water Filters:
Environmental enforcement actions that have resulted in the reformulation of drinking water filtration devices to reduce arsenic that leached into filtered water from activated carbon in the very filters that were designed to remove toxic chemicals from drinking water. The current case involves hiking and backpacking filters used to filter drinking water in the backcountry. Previous litigation has resulted in Consent Judgments against major drinking water filter companies (Cuno, EcoWater, Everpure, General Electric, KX Industries, Pentair, PUR, Omnipure, Multipure, Crystal Quest, Resintech, Filtrex, Watts Water Technologies) requiring them to screen high arsenic carbon out of their water filter products to ensure that the products produce safe, clean drinking water. (CEH v. Katadyn North America, Inc., et al.) If you would like more information about this case, please contact the Lexington Law Group at firstname.lastname@example.org.
4-MEI in Carbonated Soft Drinks:
Proposition 65 enforcement action against beverage companies such as Pepsi and retailers such as Wal-Mart and others who manufacture, distribute and/or sell carbonated soft drinks that expose individuals to 4-Methylimidazole (“4-MEI”). 4-MEI is a toxic chemical that is found in caramel coloring agents which are added to certain carbonated soft drinks. Individuals are then exposed to 4-MEI when they drink the beverages containing the 4-MEI. (CEH v. Pepsi Beverages Company, et al.; CEH v. Compañía Cervecera De Puerto Rico, Inc., et al.; CEH v. Reed’s, Inc., et al.) If you would like more information about this case, please contact the Lexington Law Group at email@example.com.
Nursing Home Complaint Delays:
Lawsuit against the California Department of Public Health (DPH) for failure to meet its statutory obligations to complete the investigation and review of complaints lodged against skilled nursing homes in a timely manner. DPH takes months or even years to complete its investigations and subsequent administrative appeals, thereby exposing elderly and infirm residents of these facilities to increased risks of real and substantial harm, including neglect, suffering and avoidable injury or death. More information about the case can be found in this Sacramento Bee article. Please also see this more recent Sacramento Bee article.
Sirius XM Antitrust:
Class action against Sirius XM challenging company’s abuse of monopolistic power to impose hidden cost increases on subscribers. The parties reached a settlement that was approved by the Court but that decision is on appeal. (Blessing et al. v. Sirius XM Radio, Inc.).
Organix Cosmetic Products:
Class action lawsuit against Todd Christopher International, Inc. dba Vogue International based on the sale of its “Organix” line of personal care products. The “Organix” products are comprised primarily of non-organic ingredients and the lawsuit alleges that the name itself is false and misleading to consumers. The parties reached a settlement in which Vogue has agreed to change the name of the products nationally and to create a $6.5 million fund for the benefit of consumers who purchased the products under the mistaken belief that the products are organic. If you purchased an “Organix” product thinking it was in fact organic and would like more information about this case, please contact the Lexington Law Group at firstname.lastname@example.org. A copy of the settlement is available here. (Golloher, et al. v. Todd Christopher International, Inc.).
Lead in Ginger Products:
Proposition 65 enforcement actions against manufacturers and re-sellers of ginger food products that contain substantial amounts of lead. The products include crystallized ginger, candied plumb and candied ginger baking chips. Our current investigation has revealed lead in ginger products sold by Albertson’s, Draeger’s Super Markets, Jade Food Products, 99 Ranch, Trader Joe’s, Reed’s and Whole Foods Market. (CEH v. Fayeon Distributors, Inc., et al.; CEH v. Food Market Management, Inc., et al.) If you would like more information about this case, please contact the Lexington Law Group at email@example.com.
Brenmar – Fake Biodegradable Plastic Bags:
Class action case against Brenmar Corporation that alleged false advertising and other claims with respect to the company’s marketing and sales of plastic bags as biodegradable, degradable and recyclable. The plastic bags sold by Brenmar were not biodegradable or recyclable, and California law prohibits use of the terms “biodegradable” or “degradable” on plastic bags sold in California. These plastic bags were even worse for the environment than regular plastic bags as they tended to clog the recycling plants and contaminate the recycled waste stream. Our work resulted in Brenmar agreeing to cease selling misleadingly labelled plastic bags in California and to modify its advertising and labelling practices. (TLC Foods, LLC v. The Brenmar Co., Inc.).
Peer-to-Peer (P2P) Interference:
First in the nation class actions against Comcast and Cox Communications for alleged breach of contract and false advertising arising from interference with subscribers’ use of peer-to-peer file sharing applications. Both cases resulted in settlements with Lexington Law Group appointed by the Court as Class Counsel. Comcast subscribers receive a portion of $16 million dollar refund. (In re: Comcast Peer-to-Peer (P2P) Transmission Contract Litigation; Lyons v. Cox Communications).
Fake “Organic” Personal Care Products:
Under California law, it is illegal to market or sell any cosmetic or hair care product as “organic” unless such product contains at least 70% organic ingredients. Our work has resulted in Consent Judgments against more than 30 manufacturers and re-sellers requiring compliance with California’s marketing and labeling requirements for personal care products. (CEH v. Advantage Research Laboratories, Inc., et al.; CEH v. Naked Earth, Inc., et al.) If you have concerns about the “organic” claims of a personal care product that you purchased, please contact the Lexington Law Group at firstname.lastname@example.org.
Lead and Cadmium in Jewelry:
Environmental enforcement actions originally co-litigated with the California Attorney General that have resulted in commitments by hundreds of major retailers, importers and manufacturers of costume jewelry to significantly reduce the levels of lead and cadmium in their jewelery. This case also lead directly to California’s landmark lead in jewelry statute, which was itself a precursor to passage of the federal Consumer Product Safety Improvement Act.
Chase Bank Debt Collection Practices:
Class case challenging certain aspects of Chase Bank’s California credit card collection litigation procedures. Chase Bank agreed to modify certain of its practices at issue in the litigation, to make monetary payments to certain class members, and to make a cy pres payment to Consumer Action, a non-profit organization assisting consumers with financial issues. (Gardner v. Chase Bank USA, N.A.).
Blue Shield Mid-Year Cost Increases:
Secured multi-million dollar settlement that included full refunds to class members submitting claims, injunctive relief prohibiting Blue Shield from imposing undisclosed mid-year increases to calendar-year costs, and a substantial cy pres payment to Health Access, a non-profit organization assisting consumers with healthcare issues. (Dervaes, et al. v. Blue Shield of California).
Lead in Children’s Bounce Houses:
Environmental enforcement action co-litigated with the California Attorney General to address lead exposures from children’s inflatable bounce houses. Litigation resulted in Consent Judgments with major bounce house manufacturers requiring them to reformulate their products to remove lead. (CEH v. Cutting Edge Creations, Inc., at al.)
National class action filed against Neutrogena Corporation for falsely advertising and labeling its “Neutrogena Naturals” line of personal care products as “natural” when the products contain synthetic ingredients. Our work has resulted in a class action settlement that requires Neutrogena to change its product labeling to cure any misperception that Defendant’s “Neutrogena Naturals” products are all-natural and to create a $1.3 million settlement fund to compensate purchasers of the “Neutrogena Naturals” products. This settlement is available for review here.
Lead in Diaper Rash Ointment:
Class action and private attorney general case that forced more than twenty-five major manufacturers and retailers of diaper rash ointment to reformulate their products to eliminate actionable levels of lead. Defendants included Bristol-Myers Squibb Co., Johnson & Johnson Consumer Companies, Inc., Pfizer, Inc., Schering-Plough HealthCare Products, Inc., and Warner-Lambert Company.