Class action lawsuit claims against Amazon, Apple, others end in dismissal

Class action lawsuit dismissals overview: 

• Who: Class action lawsuits filed against Amazon, Home Depot, Costco, CVS Pharmacy, 7-Eleven, Kind, Conagra Brands, and Apple have recently been fully or partially dismissed. 
• Why: The class action lawsuit dismissals were for a number of reasons, including rulings of inadequate pleading and being shielded by law, among other things. 
• Where: Nationwide. 

A number of class action lawsuits have recently been dismissed by federal judges determining that the plaintiffs failed to do enough to adequately support and back up their allegations and claims. 

When filing a class action, the most likely outcome is for the complaint to end with a class action settlement agreement, a verdict following a trial, or for the class action to get fully or partially dismissed.

There are a number of reasons why a judge may decide to either fully or partially dismiss a class action lawsuit, with one common reason being a plaintiff not adequately plead that a violation occurred. 

Amazon escapes claims it conspired with book publishers to fix prices

Amazon escaped a pair of class action lawsuits earlier this month after a federal judge in New York ruled in favor of dismissing a complaint brought against it and five of the largest book publishers by a group of e-book buyers. 

The group of e-book buyers had accused Amazon and the book publishers of conspiring together to fix the price of both digital and traditional books. 

The judge overseeing the complaints did not give a reason for the decision to dismiss the class action lawsuits. 

Judge ends claims Home Depot mismanaged workers retirement savings

Also this month, a class action lawsuit accusing Home Depot of mismanaging the retirement savings of its employees by making unwise investments in their retirement plans was dismissed by a federal judge in Georgia. 

The judge determined that there was no evidence that Home Depot had cost the class of more than 300,000 current and former Home Depot workers any money from their retirement plans with its investment decisions. 

The group of current and former workers had also unsuccessfully argued that the judge overseeing the complaint should recuse himself from the case due to his prior role on the U.S. Chamber of Commerce’s technology litigation committee. 

Costco beats allegations it misleadingly labeled sparkling water product

Costco also escaped a class action lawsuit this month after a federal judge dismissed claims it misleadingly labeled its black raspberry sparkling water product.

The judge determined that the consumer behind the complaint had failed to adequately plead that Costco had actually committed fraud, while calling the consumer’s interpretation of the labeling “fanciful and unreasonable.” 

The class action lawsuit revolved around the use of malic acid as an ingredient in Costco’s black raspberry sparkling water product, with the company arguing that it used it for pH control rather than flavoring. 

CVS Pharmacy comes to agreement, asks for dismissal of robocall claims

Another class action lawsuit was put to bed this month after CVS Pharmacy reached an undisclosed settlement to end claims it had repeatedly robocalled consumers across the country. 

The consumer behind the complaint and CVS asked the judge overseeing the class action to dismiss the claims while explaining that an agreement had been reached through private mediation. 

CVS had been accused of violating the Telephone Consumer Protection Act. The company had previously made an unsuccessful attempt at having the class action lawsuit dismissed in November 2021. 

7-Eleven escapes claims it falsely marketed products as ‘recyclable’

7-Eleven, meanwhile, had a class action lawsuit partly dismissed last month that accused it of falsely marketing its products as “recyclable” even when the majority of recycling centers can not recycle them. 

The federal Illinois judge overseeing the complaint determined that 7-Eleven is allowed to advertise that its products are recyclable even if the majority of recycling centers are unable to recycle them. 

The judge ruled that “recyclable” only means that an item can be recycled, not that it necessarily will or probably will be. 

Federal judge dismisses claims Kind mislabeled snack bars as ‘all natural’ 

Also last month, a federal judge in New York dismissed a class action lawsuit accusing Kind LLC of mislabeling its snack bars as “all natural.”

The judge overseeing the complaint determined that Kind snack buyers had been unable to show that the company’s labeling on the snack bar products would mislead a reasonable consumer. 

Kind previously discontinued labeling its snack bar products as all natural in 2017 while maintaining that it had not committed any wrongdoing. 

Conagra Brands off the hook for claims it deceived consumers with Snack Pack pudding labeling

Conagra Brands, meanwhile, had a class action lawsuit accusing it of deceiving consumers by stating on the packaging for its Snack Pack pudding that it was made with “real milk” dismissed by an Illinois federal judge. 

The consumer behind the class action lawsuit had unsuccessfully argued that Conagra was falsely advertising that the pudding product contained real milk since it is actually made with skim milk. 

In dismissing the complaint, the judge determined that the consumer was not able to prove that Conagra had deceived consumers with its Snack Pack pudding packaging. 

Apple escapes claims it allowed phiship app on App Store to steal cryptocurrency

Also last month, a Maryland federal judge dismissed a class action lawsuit accusing Apple of allowing a phishing app called Toast Plus on its App Store that worked to steal the crypto assets of its customers. 

The judge determined that Apple was shielded by Section 230 of the Communications Decency Act from facing liability for the claims.

Have you been following a class action lawsuit that was recently dismissed? Let us know in the comments! 

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