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 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.
Carcinogenic Flame Retardants in Children and 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 revealed 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.
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 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.)
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 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.
Lead in Ginger Products:
Proposition 65 enforcement actions against manufacturers and re-sellers of crystallized ginger, gingerbread cookies, and candied ginger baking chips. The cases resulted in Consent Judgments against a variety of companies including Albertson’s, Draeger’s Super Markets, Jade Food Products, 99 Ranch, Trader Joe’s, Reed’s and Whole Foods Market. Each company agreed to strict lead levels in their candied ginger products as well as auditing manufacturers to ensure the lowest lead levels possible. (CEH v. Fayeon Distributors, Inc., et al.; CEH v. Food Market Management, Inc., et al.)
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).
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 jewelry. 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.
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., et al.)