However, the judge dismissed unjust enrichment claims with leave to amend, finding that the plaintiff failed to show the type of economic loss needed to support the allegation.
Judge Court also gave the plaintiff another opportunity to replead wiretap and privacy claims against a third defendant, Criteo Inc., after granting the digital advertising company’ s request to dismiss the suit for lack of specific personal jurisdiction in California.
While he found that the complaint sufficiently alleged Criteo intentionally provided CVS with code designed to track users’ activity on its website, the judge determined the pleadings did not show that this conduct was expressly aimed at California.
CVS argued that the entire class action should be dismissed because the plaintiff failed to allege specific facts showing what personal or health information was shared with unauthorized third parties.
However, Judge Court found that the plaintiff’ s claims— that he used the CVS website multiple times over the past year to research and purchase certain overthe-counter sexual health products and later saw advertisements related to those products— were sufficient to allow the case to proceed.
Colgate class action claims kids’ toothpaste contains‘ substantial’ levels of lead
A new class action lawsuit alleges Colgate-Palmolive Co. misled consumers by failing to disclose that its hello kids toothpaste contains“ substantial” levels of lead.
Plaintiffs Nathan Barton and Cynthia Fahrnkopf claim independent laboratory testing found all flavors of the Colgate toothpaste contain a substantial amount of lead.
“ The amount of lead in the Products far exceeds any amount that would be considered safe for children; indeed, many pediatricians and toxicologists agree that no level of lead exposure is safe for children,” the Colgate toothpaste class action says.
Barton and Fahrnkopf want to represent a California class of consumers who bought Colgate’ s hello kids toothpaste in the past four years.
Barton and Fahrnkopf claim labels allegedly representing Colgate’ s hello kids toothpaste as being safe are misleading and deceptive due to the alleged substantial amount of lead.
The plaintiffs argue that the label representations“ are likely to lead reasonable consumers of Defendant’ s Products to believe that they are purchasing a premium toothpaste that is designed and safe for use by children.”
The front label of Colgate’ s kids fluoride toothpaste states that it is for“ kids ages 2 +” and the front label of Colgate’ s fluoride-free toothpaste states that it is for“ kids all ages,” according to the Colgate toothpaste class action lawsuit.
The class action lawsuit further argues that vibrant box imagery, including colorful backgrounds featuring rainbows, strawberries and watermelons, and images of unicorns, sharks, mermaids and dragons, is also intentionally designed to appeal to children and their caregivers.
Baby food lawsuit: toxic metal contamination may be linked to autism
Multiple major baby food brands have tested positive for heavy metal contamination. According to a congressional report, products from brands like Gerber, Earth’ s Best, and Parent’ s Choice were found to contain arsenic, lead, cadmium and mercury— toxic metals linked to developmental delays, neurological disorders, ADHD and autism spectrum disorder in young children.
Parents of affected children are taking legal action, alleging that these companies knowingly sold contaminated products and failed to protect their youngest consumers.
In early 2021, the U. S. House of Representatives published a congressional report that found dangerous levels of arsenic, lead, cadmium and mercury in popular baby food brands, including Gerber Baby Food, Parent’ s Choice and Plum Organics.
The report prompted further independent research— including a detailed Consumer Reports investigation into heavy metals in baby food— which confirmed that many baby foods can contain measurable amounts of these toxic elements.
In response, parents and advocacy groups have filed class action lawsuits against major baby food manufacturers, alleging that contaminated products contributed to the development of autism and other health issues in children.
The findings also sparked a call for stronger government oversight and
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