The Trial Lawyer Fall 2022 | Page 96

around 5-20 % more at Target , the Walmart class action and Target class action allege .
Kahn argues that consumers can also be overcharged “ much higher ” and that Walmart and Target are both aware that they are “ deceiving its consumers .”
Further , Khan claims that , while Target and Walmart have been fined for their alleged practice of misrepresenting shelf prices , the punishment does not dissuade them since the amount of profit they make each year from the practice exceeds the amount they pay in fines .
Walmart and Target , thus , simply “ pays the fines but continues its misleading , unfair and deceptive pricing practices ,” according to the Walmart class action and Target class action .
Kahn claims Walmart and Target are guilty of unjust enrichment and in violation of the Illinois Consumer Fraud and Deceptive Practices Act and the Illinois Uniform Deceptive Trade Practices Act , among other things .
Plaintiff is demanding a jury trial and requesting declaratory and injunctive relief along with an award of actual , compensatory , and punitive damages for himself and all Class Members .
Ford Lawsuit Alleges Chinese , U . S . Companies Sell Counterfeit Parts
Ford sued three American companies , one Chinese company and unknown individual affiliates of theirs for manufacturing , importing , marketing and selling thousands of counterfeit Ford-branded parts worth millions of dollars .
Ford names American companies Crov Inc ., Sunward Logistics USA LLC and FD-All Together Automotive Inc .; Chinese company Qingdao Hairunkaiyuan Auto Parts Co ., Ltd .; and
94 x The Trial Lawyer affiliated individuals “ Does 1 through 30 ” in the lawsuit , accusing them of trademark infringement , trademark counterfeiting and unfair competition . Ford says its trademarks have never been abandoned nor assigned or licensed to the alleged counterfeiters .
Ford claims the counterfeiting operations have resulted in consumer confusion and harm to Ford ’ s business and consumer goodwill .
Ford first found out about the counterfeit operation at the SEMA- AAPEX parts trade show in Las Vegas in November 2019 where Crov circulated a sales catalog offering several counterfeit Ford grilles , according to the lawsuit . A year later , “ law enforcement effected a search warrant at Sunward ’ s New Jersey warehouse , leading to the seizure of nearly 4,000 counterfeit grilles , along with over 5,000 F and R letters that are used in the grilles to replicate or colorably imitate [ Ford trademarks , and ] 27 counterfeit spark / glow plugs , ignition coils , and emblems ,” the Ford lawsuit states .
In May 2021 , a law enforcement inspection found “ nine additional counterfeit Ford Raptor grilles ” at a Sunward California warehouse , and “ over 580 counterfeit ‘ Ford ’ -branded grilles and well over 1800 F and R letters ” from a California warehouse owned by FD , the complaint adds .
“ The above-referenced counterfeit products seized at these three facilities alone would be valued at approximately $ 2.5 million dollars if they were genuine Ford products ,” the Ford lawsuit claims . The lawsuit also claims that the companies “ continue to advertise and offer for sale counterfeit ‘ Ford ’ -branded products on their websites , highlighting the extreme willfulness of the unlawful and infringing conduct .”
Ford seeks an order to prevent the alleged counterfeiters from continuing their actions in question ; actual , statutory , trebled , punitive , exemplary and / or enhanced damages ; reasonable attorneys ’ costs ; and any additional injunctive , specific performance and / or other provisional remedies .
Consumer Watchdog Groups Advise FDA To Implement Front-Package Food Labeling
A coalition of consumer health watchdog groups petitioned the U . S . Food and Drug Administration ( FDA ) to change how food labeling is done in the United States to encourage Americans to eat a healthier diet .
The Center for Science in the Public Interest , the Association of SNAP Nutrition Education Administrators and the Association of State Public Health Nutritionists filed the citizen petition with the FDA Aug . 5 .
The consumer health watchdogs say Americans in general have poor diet quality and high rates of diet-related chronic disease . They said current packaging laws requiring companies to state “ just the facts ” about the nutritional information wasn ’ t helping .
They asked the FDA to mandate food packaging to contain “ interpretive ” labels informing consumers about high levels of sugar , sodium and saturated fat in products , as well as other nutritional information to help Americans maintain healthy diets .
“ Current U . S . food labeling requirements and voluntary industry initiatives are insufficient to promote healthy diets ,” the watchdogs say .
Labels that are “ interpretive ” about the nutrients in the products — for example , using a traffic light system indicating “ red ” for high sodium content — can improve consumer understanding and encourage healthier diets , they say . The petitioners request that the FDA amend part 101 of title 21 of the Code of Federal Regulations to require the proposed easy-to-understand , standardized and interpretive system .
They argued that , in experimental