OUR SUCCESS
Since it was founded in 2007, the Weston Firm has had a history of success in protecting consumers.
CLASS ACTION SETTLEMENTS
Hawkins v. The Kroger Co., No. 16-55532 (Ninth Cir.)
The firm is class counsel in an action that alleged false advertising and unlawful use of trans fat. After winning class certification, summary judgment, and two appeals, the firm negotiated an all-cash settlement of $1.2 million.
In re Nucoa Real Margarine Labeling Litigation, No. 2:10-cv-927-MMM (C.D. Cal.)
The firm was sole class counsel for margarine consumers who alleged the claims made on Defendant’s Nucoa Margarine products were deceptive in light of the products’ trans fat content. The Weston Firm was appointed Class Counsel and obtained a settlement that provided the class with injunctive and monetary relief.
In re Cobra Sexual Energy Sales Practices Litig., No. 2:13-cv-5942-AB (C.D. Cal.)
In a case that lasted from 2013 to 2021, went to the Supreme Court once and the Ninth Circuit four times, the firm represented consumers who alleged the efficacy claims made on a purported aphrodisiac supplement were deceptive and rendered the product an unapproved new drug. The Weston Firm was appointed Co-Class Counsel and negotiated a settlement that provided the class with both monetary relief and five of the seven label changes demanded in the complaint.
In re Ferrero Litigation, No. 3:11-cv-205-HSC (S.D. Cal.)
The firm was class counsel for Nutella consumers who alleged Defendant engaged in deceptive labeling and marketing practices. The settlement provided the class with injunctive and monetary relief.
Garcia v. Iovate Health Services USA, Inc., No. 1402915 (Santa Barbara Sup. Ct.)
As a result of a class-wide settlement, Defendant agreed to modify its labeling claims on a weight loss product and pay $8 million in monetary relief.
In re Qunol CoQ10 Liquid Labeling Litigation, No. 8:11-cv-173-DOC (C.D. Cal.)
The firm was class counsel for consumers of a nutrition supplement. We obtained a nationwide California-law class, defeated a motion to decertify it after Mazza, and then, about one month before trial, negotiated a settlement providing for injunctive relief and restitution.
Guttmann v. Ole Mexican Foods, Inc., No. 3:14-cv-4845-HSG (N.D. Cal.)
The firm was sole class counsel in an action that alleged false advertising and unlawful use of trans fat on Defendant’s tortilla products. A class action settlement resulted in the complete removal of trans fat.
Gallucci, et al. v. Boiron, Inc. et al., No. 3:11-cv-2039-JAH (S.D. Cal.)
The firm was class counsel for consumers of homeopathic drug products in an action against Boiron, Inc., a leading manufacturer of homeopathic products. Plaintiffs alleged Boiron’s labeling and advertising were misleading. The firm obtained a nation-wide settlement for the class which provided injunctive relief and restitution.
In re Quaker Oats Labeling Litigation, No. 5:10-cv-502-RS (N.D. Cal.)
The firm represented consumers who alleged the claims made on Quaker’s oatmeal and granola bar products were deceptive in light of the products’ trans fat content. The Weston Firm was appointed Class Counsel and obtained a settlement that provided the class with injunctive relief in the form of complete trans fat removal and labeling changes.
Adachi, et al. v. Carlyle/Galaxy San Pedro L.P., No. 09-cv-793-MMM (C.D. Cal.)
The firm was appointed sole class counsel to represent purchasers of approximately 145 Los Angeles condominiums, which resulted in a class-wide all-cash settlement of approximately $1.3 million.
Red and Rosen v. Unilever United States, Inc., No. 5:09-cv-2563-JW (N.D. Cal)
The Weston Firm was lead class counsel for purchasers of soft spread and stick margarine products containing artificial trans fat, alleging false advertising and unlawful use of trans fat. As a result of a class-wide settlement, Defendant agreed to remove artificial trans fat from about forty products, including several leading national brands of margarine, as well as the generic margarines it manufactured for third party stores.
In re Apple & AT&T iPad Unlimited Data Plan Litig., No. 5:10-cv-2553-RMW (N.D. Cal.)
The firm was co-class counsel for consumers who purchased Apple iPads with data plans through AT&T. Plaintiffs alleged Defendants’ advertising and representations regarding “unlimited” data plans violated the Unfair Competition Law. The settle settlement provided monetary and injunctive relief.
OTHER SUCCESSES PROTECTING THE PUBLIC
Peviani v. Arbors at Cal. Oaks Prop. Owner, LLC, 62 Cal. App. 5th 874 (2021), rev. denied, 2021 Cal. LEXIS 4857 (June 25, 2021)
Since 2017 firm has represented about 2,000 current and former tenants of an apartment complex in Murrieta prosecuting claims about the condition of the property, false advertising, and failure to return security deposits. On March 9, 2021, the Fourth District Court of Appeal reversed the trial court’s denial of class certification. It represents the first published decision on certification of a residential tenant class in California. On July 14, 2021, the California Supreme Court denied the defendants’ petition for review.
Red et al. v. Kraft Foods Global, Inc. et al, No. 2:10-1028-GW (C.D. Cal)
The firm represented consumers in their action against one of the world’s largest food companies and was appointed lead counsel in a consolidated putative class action. Despite the denial of class certification because of the large number of products involved, the action resulted in a permanent injunction barring the use of deceptive health claims on Nabisco packaged foods containing artificial trans fat.
Artificial Trans Fat Ban, No. 2:13-cv-02180 (C.D. Ill.); FDA Docket No. 2013–N–1317
The firm represented University of Illinois scientist Dr. Fred Kummerow in his efforts to ensure artificial trans fat is removed from the food supply. Following years of FDA inaction on the issue, the firm, as sole counsel for Dr. Kummerow, filed a suit against the FDA under the Administrative Procedures Act. After the suit was filed, the FDA provided notice that it had determined that artificial trans fat should be removed from the food supply. On June 17, 2015, the FDA finally determined that artificial trans fat was not safe for use in food and implemented a phased ban.
Golden v. American Pro Energy, No. 5:16-cv-891-MWF (C.D. Cal.)
The firm was appointed Class Counsel after obtaining class certification in an action alleging a marketing company used spam robocalls in violation of the TCPA. The lawsuit drove the defendant to completely shut down.
Reid v. Johnson & Johnson, et al., No. 3:11-cv-1310-L-BLM (S.D. Cal.); No. 12-56726 (9th Cir.)
The firm represented a consumer in his action against the manufacturer of Benecol Spread, alleging health claims on the product’s packaging and advertising were deceptive in light of the product’s trans fat content. The reversal of an order dismissing the action on preemption grounds resulted in a widely-cited published decision.
Sandoval v. PharmaCare U.S., Inc., 730 Fed. App’x 417, 421 (9th Cir. 2018)
The firm was counsel in two actions alleging the defendant fraudulently marketed an herbal supplement as a safe and effective aphrodisiac. After the district court granting summary judgment in favor of Defendants in each of the actions, Plaintiffs appealed. On May 31, 2018, the Ninth Circuit reversed the district court’s summary judgment rulings and remanded the case for further proceedings. Sandoval v. Pharmacare US, Inc., 730 Fed. App’x 417, 421 (9th Cir. 2018). The parties subsequently settled the case.
Henderson v. The J.M. Smucker Company, No. 2:10-cv-4524-GHK (C.D. Cal.)
This action was the catalyst forcing the defendant to reformulate a children’s frozen food product to remove trans fat. On June 19, 2013, the Honorable George H. King held the firm’s client was a prevailing Private Attorney General and entitled to her costs and attorney fees.