such as arsenic, lead, cadmium and mercury, through its online marketplace.
The company also contends it is protected under the Communications Decency Act, which shields online platforms from liability for third-party content, such as product listings. Amazon further argues the plaintiffs’ claims under state consumer protection and fraud laws should fail because the presence of heavy metals in rice is publicly known and was not affirmatively concealed.
Walmart accused of using criminal background checks to discriminate against Black workers
A new class action lawsuit alleges Walmart’ s use of criminal background checks to vet former employees of a third-party logistics company had a disparate impact on Black workers.
Plaintiffs Mark Balentine and Laseant Sardin, who are Black and have criminal records, say they worked for years at a Walmart distribution center in Elwood, Illinois, through a contract with Schneider Logistics.
In 2019, Walmart ended its contract with Schneider and took over the distribution center, offering jobs to the Schneider employees who reapplied.
Balentine and Sardin were initially offered positions with Walmart, but those offers were revoked after the company conducted criminal background checks, the Walmart discrimination lawsuit states.
The plaintiffs say they were not hired because of their criminal records, even though they had been successfully performing the same jobs for years.
The lawsuit claims Walmart’ s criminal background check policy disproportionately affected Black workers, who are more likely to have criminal records due to systemic racial disparities in the criminal justice system.
The plaintiffs allege that Walmart’ s policy was overly restrictive and failed to consider individual circumstances, such as the age of the convictions or the fact that the plaintiffs had been doing the same work for years without incident.
The lawsuit also claims Walmart treated Black applicants with criminal records differently than non-Black applicants with similar records, hiring some non-Black workers despite their criminal histories.
The plaintiffs argue that Walmart’ s policy was neither job-related nor consistent with business necessity, as required by Title VII of the Civil Rights Act of 1964.
They are seeking class certification for all Black applicants with criminal records who were denied employment at the Elwood distribution center due to Walmart’ s policy.
The lawsuit seeks monetary damages, injunctive relief and declaratory relief for the plaintiffs and the proposed class.
The plaintiffs are asking the court to declare Walmart’ s practices unlawful and to issue an injunction preventing the company from using similar background check policies in the future.
Coca-Cola moves to toss deceptive labeling claims over Sprite and Fanta
A new nationwide class action lawsuit claims The Coca-Cola Company falsely advertises its Sprite and Fanta products as being made with 100 % natural flavors despite containing synthetic ingredients. Plaintiff Victoria Palmer filed the class action complaint against Coca-Cola on May 27 in a California federal court, alleging violations of state and federal consumer laws.
Palmer argues that Coca-Cola’ s Sprite and Fanta products are misbranded as containing“ 100 % Natural Flavors” when they actually include synthetic ingredients, such as citric acid, sodium citrate and potassium citrate.
Palmer claims these synthetic ingredients contribute significantly to the products’ flavor profiles, making the“ 100 % Natural Flavors” claim false and misleading under both federal and California law.
Palmer argues that Coca-Cola’ s labeling practices violate several federal and state laws, including the Federal Food, Drug and Cosmetic Act and California’ s Consumers Legal Remedies Act, Unfair Competition Law and False Advertising Law.
“ Had Plaintiff been aware that the labeling and marketing of the Class Products contained false and deceptive misrepresentations, she would not have purchased the Class Products or would have paid less for them,” the Coca-Cola class action states. The plaintiff also argues that“ sweetness is a fundamental component of how flavor is experienced”
The Trial Lawyer 85