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CASE UPDATES

Court Preliminarily Approves
$25 Million Settlement with
Reebok over Toning Shoes

A proposed class action settlement
has been reached in a case claiming
that Reebok falsely advertised the benefits of wearing its EasyTone
shoes and apparel.

For more information, or to
provide us with your contact information, click here

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Court Certifies Class of Bosa Condo Owners in Square Footage Litigation

On July 7, 2011, the San Diego Superior Court certified a class of “all persons
who purchased from Bosa residential
units developed by Bosa in California.”
The class includes purchasers in the
Bayside, Electra, Legend, Discovery,
Park Place, Horizons, The Grande,
Marquee and Radiance. The lawsuit
alleges Bosa and RE/MAX Real Estate
Development misrepresented the
square footage of the condominium
units in a “bait and switch” scheme,
resulting in units that are 7% to
28% smaller than advertised.

For more information, or to
provide us with your contact information, click here

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Court Approves Enfamil
Infant Formula Settlement

A federal court has approved the settlement of a class action lawsuit
about Mead Johnson’s advertising
for its Enfamil infant formula. 

For more information, or to
submit a claim, click here

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Blood Hurst & O’Reardon, LLP Announces $8 Million
Settlement with Clorox

The court approved the class action settlement in a case that challenged the advertising of Clorox’s Automatic Toilet Bowl Cleaner and the harmful effect of CATBC on a toilet’s flush mechanism.

For more information, or to
submit a claim, click here

Cases & Investigations

Lawyers at the Firm are currently involved in the prosecution and investigation of numerous class action cases. 

If you are interested in learning more about any of these cases and investigations or feel that you have been the victim of fraud or false advertising, please contact the Firm or visit the Report A Case page of our website. Our cases and investigations include:

Apple iPhone

In 2008 and 2009, Apple released updated versions of its iPhone called the “3G” and “3G-S.” In September 2009, lawyers from the Firm filed a class action against Apple and AT&T alleging that the companies falsely advertised that the iPhone 3G and iPhone 3G-S had MMS and data tethering capabilities. Recently, the Firm was appointed by the Court to the Plaintiffs Steering Committee in In re: Apple iPhone 3G and 3GS "MMS" Marketing and Sales Practices Litigation. For more information, please review a copy of the iPhone Complaint.

Bosa Development Corporation

Bosa Development has built 9 residential condominium towers in California, 7 of the buildings are in downtown San Diego. In August 2009, lawyers from the Firm filed a class action lawsuit alleging that Bosa (and its sales agent RE/MAX) sold the condominiums with a square footage “bait-and-switch.” When selling its condominiums Bosa promised a specified square footage but actually built and sold units that were up to 28% smaller. 

The square footage promised by Bosa was inflated because Bosa’s measurements included space that the buyer does not own and cannot occupy. The lawsuit alleges that Bosa used the inflated square footages to increase sales and sales prices.

The Bosa condominiums covered by the lawsuit are: Bayside, Electra, Legend, Discovery, Park Place, Horizons, The Grande, Marquee, and Radiance.

For more information on this case, please see the complaint and motion for class certification.

Cell Phone Investigations

Blood Hurst & O’Reardon is currently investigating cases against cell phone companies relating to deceptive and unlawful charges and billing practices, including spam text messages, data charges and other billing issues.

Chinese Drywall

A series of class action lawsuits were filed as a result of unsafe drywall, manufactured in China, which was installed in thousands of homes across the country. The U.S. Consumer Product Safety Commission has created a website for consumers with questions about Chinese Drywall. Please visit the CPSC Chinese Drywall website for more information.

Food Labeling Investigations

Food manufacturers deceptively market and label various food products as healthy or as “functional foods.” And, oftentimes, these manufacturers advertise that their foods are backed by scientific or clinical “proof.” The Firm is actively investigating and prosecuting a number of cases against food manufacturers relating to false advertising of food and drink products.

Hydroxycut

Hydroxycut is widely advertised as “America’s #1 Selling Weight-Loss Supplement.” Despite knowing for years that the Hydroxycut products were unsafe and ineffective, the manufacturer Iovate Health Sciences and other retailers sold the Hydroxycut products to millions of unsuspecting consumers. Just recently, the FDA warned that consumers should “immediately stop using Hydroxycut Products.” In May 2009, lawyers at the Firm filed a nationwide class action against Iovate and retailers as a result of the false advertising that the Hydroxycut Products were safe and effective for weight loss. For more information, please review a copy of the Hydroxycut Complaint.

Toyota Unintended Acceleration Litigation

In January 2010, Toyota recalled 2.3 million vehicles in the U.S. because of unintended acceleration problems with certain of its vehicles. As of February 11, 2010, the models involved are the: 2009-2010 RAV4; 2009-2010 Corolla; 2009-2010 Matrix; 2005-2010 Avalon; certain 2007-2010 Camrys; 2010 Highlander; 2007-2010 Tundra; and 2008-2010 Sequoia. In February 2010, Toyota recalled 133,000 2010 Prius vehicles due to an issue with the car’s brake system. For a list of recalled vehicles please visit www.toyota.com/recall.

The Firm represents people who purchased defective Toyota vehicles. Currently, the Firm represents a nationwide class of Toyota owners in Federal court and a California statewide class of consumers who bought Toyota vehicles in California. If you believe you own a Toyota that is prone to sudden acceleration, including a vehicle that has been recalled, please contact the Firm. For information about the federal action, known as In re: Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices and Products Liability Litigation, please contact us or visit the court's website. For a copy of the complaint filed in California state court, click here.

Verizon

Verizon is aware of thousands of consumer complaints relating to its improper $1.99 “data charges.” Millions of unsuspecting consumers accidentally click on buttons that read “Get it Now” or “V Cast,” which take them to the mobile web. Even if a consumer immediately cancels the request, Verizon assesses a “data charge.” For an article containing more information about the charges please click here. In February 2010, the Firm filed a class action lawsuit against Verizon regarding its improper data charges. For more information, please review a copy of the Verizon Complaint.