carcinogen .
Prior to placing the products into the hands of consumers to use on their hair and scalp , the company knew or should have known that they contained benzene , the plaintiffs say .
“ But Defendant misrepresented , omitted , and concealed this fact to consumers , including Plaintiffs and Class members , by not including benzene on the Products ’ labels or otherwise warning about its presence .”
Amadril says she used the affected dry shampoo on her hair and scalp for more than seven years . Skurauskis said she used them for about a year .
Both plaintiffs say they did not have any idea from viewing the labels of the products that they might contain benzene .
“ The Products [ they ] purchased were worthless because they either contained or risked containing the known carcinogen benzene ,” the Batiste dry shampoo lawsuit states . “ Accordingly , [ the plaintiffs were ] injured in fact and lost money as a result of Defendant ’ s improper conduct .”
The plaintiffs are looking to represent a nationwide class of consumers who used Batiste Dry Shampoo varieties in Bare , Clean & Light Bare , Plus Brilliant Blonde , Floral & Flirty Blush , Divine Dark , Hint of Colour for Dark Hair , Dark Hair , Tropical Exotic Coconut , Classic Clean , Clean & Classic Original , Light & Breezy Fresh and Volumizing . They also seek to represent a California subclass and a subclass of consumers from California , Florida , Illinois , Massachusetts , Michigan , Minnesota , Missouri , New Jersey , New York or Washington .
The plaintiffs are suing for violations of state consumer fraud acts and accuse the company of false advertising , unfair competition and unjust enrichment . They are seeking certification of the class action , damages , fees , costs and a jury trial .
90 x The Trial Lawyer
NVIDIA class action claims GeForce RTX 4090 graphics card contains dangerous defect
Graphics card producer NVIDIA makes a card with a defect that can cause a serious electrical and fire hazard , a new class action lawsuit alleges .
Plaintiff Lucas Genova filed the class action lawsuit against NVIDIA Corporation Nov . 11 in a California federal court , alleging violations of state and federal consumer laws .
Genova is bringing the class action complaint on behalf of purchasers of the NVIDIA GeForce RTX 4090 graphics card , he says .
He alleges NVIDIA marketed and sold the RTX 4090 with a defective and dangerous power cable plug and socket , which has rendered consumers ’ cards inoperable .
He says the defect poses a “ serious electrical and fire hazard for each and every purchaser .”
“ Thus , Plaintiff and class members have been hit with a costly doublewhammy : a premium purchase price ( the MSRP is $ 1,599 ) for a dangerous product that should not have been sold in its current state .”
Immediately after the RTX 4090 was released , consumers began experiencing problems at the point where the 16-pin power cable plugs into the card , Genova alleges .
Consumers reported that the connector on the cable or the socket on the card began melting after use . This included consumers who were experienced in graphics card installations and did it correctly , and who had no indication of any problems , the lawsuit states .
“ The cause of the melting appears
to be a design flaw , relating to the high wattage flowing through each of the 16 pins ,” Genova says .
“ If there is even a temporary break in the electrical connection for any of the pins , too high a current will flow through the remaining pins , causing a meltdown .” The lawsuit says consumers have reported this issue with both the native power cable and the power cable adapter , and that a meltdown poses a serious electrical and fire hazard .
Genova seeks to represent a nationwide class , and a New York subclass of purchasers of the RTX 4090 . He ’ s suing for breach of warranty , unjust enrichment , and violations of New York ’ s General Business Law .
In 2016 , NVIDIA agreed to a settlement to resolve claims that the company misled consumers about the performance and storage capabilities of its product .
Apple , Amazon class action claims duo created anti-competitive environment for third-party resellers
Apple and Amazon work together to “ eliminate or at least severely reduce ” competition from third-party merchants selling Apple products , a new class action lawsuit alleges .
Plaintiff Steven Floyd claims Apple and Amazon have an “ unlawful horizontal agreement ” that is a “ naked restraint ” and that is unlawful under the Sherman Act .
Floyd argues Apple and Amazon are financially motivated to work together to thwart competition from third-party merchants .
“ Vigorous competition from the third-party merchants exerts downward