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Case ID: 4462 | Consumer Products | 09/27/2006
Three unhappy customers are suing TV psychologist "Dr. Phil" McGraw over his now discontinued Shape Up! diet plan have asked that the case be given national class-action status to include thousands of potential plaintiffs.
The Superior Court suit was filed last year claims McGraw defrauded fans with his yearlong venture into the diet supplement business. A judge could rule on the request for class-action status early 2006. Shape Up! shakes, bars and multivitamins made by Irving, Texas-based CSA Nutraceuticals were sold in supermarkets, Target, Wal-Mart and elsewhere. The plan called for 22 pills daily at $120 a month. The lawsuit claims McGraw made false and misleading assertions about the supplements, including claims the products would cause weight loss by promoting metabolism of fat and reducing carbohydrate cravings and appetite swings. The Shape Up! campaign said the supplements reduced cravings for carbohydrates and helped dieters change their behavior to take control of their weight. The plaintiffs said they lost money, not weight, and they want their money back as well as damages. Facing a Federal Trade Commission investigation into false-advertising concerns, CSA Nutraceuticals agreed to stop making the supplements early last year. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Consumer Products Cases of Interest Federal antitrust law allows triple punitive damages against entities that are found guilty of unlawfully tampering with the free enterprise system. 63 different class actions have been filed against automotive paint manufacturers on behalf of all persons and businesses purchased automotive paint from January 1, 1993 to at least December 31, 2000. The action alleges that the companies conspired together in violation of U.S. antitrust laws to fix automotive paint prices across the U.S. A class action has been filed against Leviton Manufacturing Company, Inc. on behalf of West Virginia residents whose homes have an allegedly unsafe type of electrical outlet--a back plug-in outlet--manufactured by Leviton in violation of state consumer safety laws. The action seeks unspecified compensatory damages.
The parties have reached a tentative settlement apparently valued at $681,000 in an action filed against maker of McAfee software products, Network Associates, Inc., on behalf of all U.S. residents who purchased McAfee VirusScan version 3 or 4. The action alleged that Network Associates promised to provide perpetual updates to its software, and failed to do so. Persons eligible to take part in the settlement have until July 16, 2004, to avail themselves of a free download of McAfee software. A class action has been filed against Temple-Inland, Inc., a manufacturer of composite hardwood siding for residences and other structures, on behalf of all Missouri residents whose homes or buildings have been fitted with siding manufactured by Temple-Inland. The action claims that the siding is defective. Kahn Gauthier Swick, LLC ("KGS") announces that shareholders of Jones Soda Company ("Jones Soda" or the “Company”) (Nasdaq:JSDA) who purchased shares of the Company between March 9, 2007 and August 2, 2007 (the "Class Period"), have until November 5, 2007 to move for appointment as Lead Plaintiff in a securities class action lawsuit currently pending in the United States District Court for the Western District of Washington. No class has yet been certified in this action. A nationwide class-action has been filed against Sears Roebuck & Company and Whirlpool Corporation on behalf of purchasers of Calypso washers, who allege that the washing machines are inherently defective, and that the companies have violated the Illinois Consumer Fraud and Deceptive Business Practices Act by refusing to repair the defects or recall the machines. |
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