Lawsuits you should know about

Wright County Egg of Galt, Iowa has recalled 380 million eggs for fear that they may contain salmonella. The eggs were shipped to 17 states including Arizona, California, Colorado, Connecticut, Massachusetts, Maryland, Minnesota, North Carolina, Nevada, Oregon, Pennsylvania, Tennessee and Texas where outbreaks have occurred.

The eggs were sold under the names of Lucerne, Albertson, Mountain Dairy, Ralph’s, Boomsma’s, Sunshine, Hillandale, Trafficanda, Farm Fresh, Shoreland, Bayview, NuLay, Sun Valley, Lund, Dutch Farms and Kemps in six, 12, and 18 egg cartons. The suspected tainted egg packages are marked with the plant numbers 1026, 1413, and 1946, all beginning with the letter P and are followed by the Julian dates of between 136 and 225.

So far, at least 300 people in the states listed above have been sickened after eating the tainted eggs. That is four times the normal cases reported, according to the Centers for Disease Control (CDC). Salmonella can cause vomiting, abdominal pain, nausea, diarrhea, and fever and can be fatal in certain cases.

The CDC is asking consumers to examine the packaging of all eggs purchased, especially those bought between May 16 and August 13.

A lawsuit was filed against the producers, distributors, and suppliers of children’s bounce houses by the Center for Environmental Health and the California attorney general. The plaintiffs state that the bouncy houses contain up to 70 times the federal limit of lead.

The bounce houses are often contains vinyl (polyvinyl chloride, or PVC). The vinyl may be made with lead, which can cause brain and nerve damage, stunted growth, learning disorders, hearing problems, and digestive problems.

The lawsuit states that the Center for Environmental Health conducted an investigation which found some bounce houses had lead levels which ranged between 5,000 parts per million and 29,000 parts per million. The federal limit is 90 to 300 parts per million. However, health experts say there is no such thing as a safe level of exposure to lead and advise parents to wash children’s hands and faces after being in bounce houses.

The defendants have called the investigation a “witch hunt” which may damage their industry.

In the past three years, the Better Business Bureau has received 53,000 complaints against satellite TV companies such as DirecTV and DISH Network. Consumers have complained about being overcharged, having free trials turn into paid subscriptions without notice, early termination fees, and being charged for “free” installations.

The Miami-Dade Consumer Services Department (MDCSD) sued DirecTV a few weeks ago under the pretense that the company is using deceptive practices to trick consumers. It cites “false and misleading advertisements” about cost and equipment as well as failing to disclose the full terms of the contracts. MDCSD’s public relation specialist Sonya Perez said her office discovered that DirecTV’s ads didn’t give complete prices after reviewing them. She said that consumers who signed up for the $34.99 package were actually billed $55.99 and cited several other packages that were actually higher than stated in the ads.

In the lawsuit, DirecTV is accused of not “clearly disclose conditions and limitations to their service agreements in advertisements or in any other type of communication with customers.” For example, fine print stated a $5 charge for a second receiver and $6 for the HD DVD receiver upgrade that was listed as “free.”

In addition to the MDCSD lawsuit, the state of Washington has also filed suit against DirecTV after the state attorney general’s office received numerous complaints and DirecTV refused to change their practices.

Paula Selis, the senior assistant attorney general handling the case, said, “Their business practices are unfair and deceptive.” Among the complaints listed in the lawsuit were customers being automatically charged for premium movie channels after a free trial without notification, having to pay for “free” installation then being refused a refund by DirecTV, and being overcharged for packages. Selis also accuses DirecTV of using “mice type” – print so small in their terms of service contracts that humans cannot read it.

In their defense, DirecTV spokeperson Darris Gringeri said, “We have a regular dialogue with the states to address incoming customer issues, but beyond that we cannot comment.” Gringeri also said, “We make it clear about that agreement in the advertising and marketing materials. It is in readable print, not fine print. The customer is also told during a sales call or online ordering. There is a confirmation letter, confirmation e-mail and final review of the terms at time of installation. We make sure they are fully informed.”

Fresh Express has recalled several of its bagged lettuce products for fear of an E.coli contamination. Previously, Fresh Express romaine lettuce bags were recalled in May because of suspected salmonella poisoning. Both illnesses cause gastric distress, with more severe consequences for the young, the elderly, and those with compromised immune systems.

The bags involved in the recent recall are the Fresh Express romaine-based bags with the expiration date of July 8 – 12 with an “S” in the product code. While no illnesses have been associated with this recall, Fresh Express is asking consumers to throw away the products if they have them in their refrigerator. Because the products are past the expiration date, no refund will be offered. Also, because the expiration date has passed, chances of still purchasing these recalled bags at a retail store are almost impossible.

Consumers with questions about the recalled products should contact Fresh Express at 1-800-242-5472 between Monday and Friday from 8 a.m. and 11 p.m. ET.

The Tylenol recall has been expanded.  McNeill, the manufacturer of the product has expanded the list of recalled products.  If you have the recalled product in your home you should stop using it immediately and contact the company for a refund.

Format for this list:  Product Name, Lot Number, UPC Code

BENADRYL® ALLERGY ULTRATAB™ TABLETS  100 count ABA567 312547170338
BENADRYL® ALLERGY ULTRATAB™ TABLETS 100 count ABA574 312547170338
CHILDREN’S TYLENOL® MELTAWAYS BUBBLEGUM  30 count ABA544 300450519306
MOTRIN® IB CAPLET 24 count ACA003 300450481030
MOTRIN® IB CAPLET bonus pack 50+25 count ACA002 300450481764
MOTRIN® IB TABLET 100 count AFA060 300450463043
TYLENOL®, Extra Strength  EZ TABLET 225 count ASA206 300450422378
TYLENOL®, Extra Strength  EZ TABLET 50 count ABA005 300450422507
TYLENOL®, Extra Strength  COOL CAPLET 24 count ABA566 300450444240
TYLENOL®, Extra Strength  CAPLET bonus pack 24+12 count ACA025 300450444318
TYLENOL®, Extra Strength  CAPLET 50 count AFA018 300450449078
TYLENOL®, Extra Strength  CAPLET 50 count
(included in Day/Night Pack) ABA168 300450444530
TYLENOL®, Day & Night Value Pack (contains Extra Strength CAPLET 50 count
Lot # ABA168 & UPC 300450444530) AEC005 300450527103
TYLENOL®, Day & Night Value Pack (contains Extra Strength CAPLET 50 count
Lot # ABA168 & UPC 300450444530) AFC005 300450527103
TYLENOL®, Day & Night Value Pack (contains Extra Strength CAPLET 50 count
Lot # ABA168 & UPC 300450444530) ADC002 300450527103
TYLENOL®, Extra Strength RAPID RELEASE GELCAP 24 count ACA024 300450488244
TYLENOL®, Extra Strength RAPID RELEASE GELCAP 225 count AJA119 300450488251
TYLENOL® PM CAPLET 24 count ACA005 300450482242
TYLENOL® PM CAPLET 24 count ADA259 300450482242
TYLENOL® PM GELTAB 50 count AFA100 300450176509
TYLENOL® PM RAPID RELEASE GELCAP 20 count ACA004 300450244208

You can visit the company’s website www.mcneilproductrecall.com or call 888-222-6036 for information on how to obtain a refund.

Author’s note:  I had several products in my home that were recalled previously by the company.  McNeil was very efficient in providing me with a refund of the purchase price.  The process is very easy and I received a refund in a timely manner.

Previously on the Important Lawsuits website we reported that lawsuits regarding the diabetes drug Avandia were being filed by consumers.  Now there is new information from the FDA regarding the safety of Avandia.

FDA scientists have reviewed information provided by the drug’s maker GlaxoSmithKline in anticipation of a meeting being held starting on Tuesday.  A panel of physicians will be meeting and voting on a wide range of recommendations regarding Avandia including:

• Adding warning labels in addition to the ones already included with the product,
• Putting a limit on what doctors will be able to prescribe the drug, or even
• Pulling the drug from the market altogether.

The panel of doctors who will be voting on the recommendations are outside experts.  The FDA is engaging these outside experts because there has been some disagreement among FDA scientists regarding Avandia.  Dr. Janet Woodcock, head of the FDA’s drug center, stated that there was not “complete unanimity within the FDA” regarding interpretation of data on this drug.

In June of 2010 there was an article published that suggested Avandia is more likely to cause strokes and heart related deaths than a rival drug, Actos.  However, some experts will say that people who take Avandia (those suffering from Type 2 Diabetes) have an increased risk for heart problems.

It will be interesting to see what the FDA does after hearing the recommendation from this outside panel of experts.  The FDA is not required to follow their suggestions.

UPDATE 7/15/2010:  The panel convenied by the FDA has voted to allow Avandia to remain on the market.  However, the panel stated that stronger “black box” warnings were needed.  Read more about this on the Wall Street Journal’s website by clicking the link here.

Approximately 66,000 pounds of ground and tenderized steak bison meat has been recalled by Rocky Mountain Natural Meats of Henderson, Colorado. It is believed that the meat may contain a dangerous type of E. coli.

The Department of Agriculture’s Food Safety and Inspection Service said that five cases of E. coli O157:H7 occurred in Colorado between June 4 and June 9 with the suspected culprit being the bison meat. E. coli O157:H7 can be fatal, especially to the young and elderly, and can cause bloody diarrhea, dehydration, and possibly kidney failure.

The meat, produced between May 21 and May 27, was sold to retail establishments all over the nation and to food service distributors in Utah and Arizona.

Although the use by date has passed, the Food Safety and Inspection Service fear that some consumers may have frozen the tainted bison. The products under recall are:

16-ounce packages of Great Range All Natural Ground Bison (sell- or freeze-by date of June 21, 22, or 24)
16-ounce packages of Nature’s Rancher Ground Buffalo (sell- or freeze-by date of June 22)
16-ounce packages of The Buffalo Guys All Natural Ground Buffalo 90 Percent Lean (with the lot number of 0147)
12-ounce packages of Great Range Brand All Natural Bison Steak Medallions (sell- or freeze-by date of June 23 and 24)
12-ounce packages of Great Range Brand All Natural Bison Sirloin Steaks (sell- or freeze-by date of June 20, 23 and 24)
15-pound boxes of Rocky Mountain Natural Meats Inc. Bison 10 oz. Sirloin Steaks (which went to restaurants and bear a Julian Code of 0141)

Consumers with the recalled meat should contact Rocky Mountain Natural Meats at 1-800-325-4164 or visit their web page for more information.

Tri-Union Seafoods has issued a recall of some of its cans of Chicken of the Sea Tuna due to a problem with the seals.

The recalled cans were sold between February and May in California, Colorado, Indiana, Maine, Nebraska, New York, Oregon, Pennsylvania, Utah, and Wisconsin. The only cans involved in the recall have the UPC code of 4800000262 and the best by date of 2/10/2014. Also double check for the product codes of 7OA1E ASWAB, 7OA2E ASWAB, 7OA3E ASWAB, 7OA4E ASWAB, 7OA5E ASWAB, 7OAEE ASWAB or 7OAFE ASWAB. If you have a can of white tuna that doesn’t have the exact UPC code, best by date, or product code, it is safe to eat.

The Food and Drug Administration (FDA) has said that no reported illnesses have resulted from eating the canned tuna, but the cans are being recalled because the seals didn’t meet the normal standards.

If you have any of the recalled cans, call the FDA at 1-877-843-6376 for more information on a full refund.

On Wednesday the Sony company recalled certain laptops because they might overheat.  The recall involves the Vario F11 and CW2 laptops.  A firmware update has been issued and Sony urges all owners of Vario F11 and CW2 laptops to install it as soon as possible.

The recall involves a total of 535,000 machines worldwide and about 233,000 in the United States.  They only affect certain models within the VPCF11 and VPCCW2 series of computers.  Here’s  a list of the affected models (from Sony’s website):

VPCF11 Series: VPCF111FD, VPCF111FD/B, VPCF111FX, VPCF111FX/B, VPCF111FX/H, VPCF112FX, VPCF112FX/B, VPCF112FX/H, VPCF113FX, VPCF113FX/B, VPCF113FX/H, VPCF114FX, VPCF114FX/B, VPCF114FX/H, VPCF115FM, VPCF115FM/B, VPCF115FM/BL, VPCF116FX, VPCF116FX/B, VPCF116FX/H, VPCF117FX, VPCF117FX/B, VPCF117FX/B, VPCF117FX/H, VPCF1190X, VPCF119FX, VPCF119GX, VPCF119HX, VPCF11AFX, VPCF11AFX/B, VPCF11BFX, VPCF11BFX/B, VPCF11CGX, VPCF11CGX/B, VPCF11DGX, VPCF11DGX/B, VPCF11EGX, VPCF11EGX/B, VPCF11FGX, VPCF11FGX/B, VPCF11GGX, VPCF11GGX/B, VPCF11HGX, VPCF11HGX/B, VPCF11JFX, VPCF11JFX/B, VPCF11KFX, VPCF11KFX/B, VPCF11KFX/H, VPCF11LFX, VPCF11LFX/B, VPCF11LFX/H, VPCF11MFX, VPCF11MFX/B, VPCF11NFX, VPCF11NFX/B, VPCF11NFX/H, VPCF11PFX, VPCF11PFX/H, VPCF11QFX, VPCF11QFX/B and VPCF11QFX/H

VPCCW2 Series: VPCCW21FX, VPCCW21FX/B, VPCCW21FX/L, VPCCW21FX/P, VPCCW21FX/R, VPCCW21FX/W, VPCCW22FX, VPCCW22FX/B, VPCCW22FX/L, VPCCW22FX/P, VPCCW22FX/R, VPCCW22FX/W, VPCCW23FX, VPCCW23FX/B, VPCCW23FX/L, VPCCW23FX/P, VPCCW23FX/R, VPCCW23FX/W, VPCCW26FX, VPCCW26FX/B, VPCCW26FX/L, VPCCW26FX/P, VPCCW26FX/R, VPCCW26FX/W, VPCCW27FX, VPCCW27FX/B, VPCCW27FX/L, VPCCW27FX/P, VPCCW27FX/R, VPCCW27FX/W, VPCCW29FX, VPCCW29GX, VPCCW2AFX, VPCCW2AFX/B, VPCCW2BFX, VPCCW2BFX/B, VPCCW2CGX, VPCCW2CGX/B, VPCCW2DGX, VPCCW2DGX/B, VPCCW2EGX, VPCCW2EGX/B, VPCCW2FGX, VPCCW2FGX/B, VPCCW2GGX, VPCCW2GGX/B, VPCCW2HGX, VPCCW2HGX/B, VPCCW2JGX, VPCCW2JGX/B, VPCCW2KGX, VPCCW2KGX/B, VPCCW2LFX, VPCCW2LFX/B, VPCCW2LFX/L, VPCCW2LFX/P, VPCCW2LFX/R, VPCCW2LFX/W, VPCCW2MFX, VPCCW2MFX/PU, VPCCW2MFX/WJ, VPCCW2MGX, VPCCW2MGX/B, VPCCW2NFX, VPCCW2NFX/LU, VPCCW2PFX, VPCCW2PFX/L, VPCCW2PFX/R. VPCCW2PFX/W, VPCCW2QGX, VPCCW2QGX/B, VPCCW2RGX, VPCCW2RGX/B, VPCCW2SGX, VPCCW2SGX/B, VPCCW2TGX, VPCCW2TGX/B, VPCCW2UFX, VPCCW2UFX/B, VPCCW2VFX, and VPCCW2VFX/B

The problem is that there is a risk of malfunction in the recalled computers, specifically a “potential malfunction of the internal temperature management system” resulting in a possible burn hazard for users.  If the firmware update is installed it should take care of any potential overheating issues.  There is no need to return the laptops to the store where they were purchased according to the company’s website.

If consumers need assistance in installing the firmware update you can call (866) 496-7669.

If you have Apple Jacks, Corn Pops, Froot Loops or Honey Smacks in your pantry you’re going to want to read this.

Today The Kellogg Co. issued a voluntary recall of these cereals that were sold in the United States.  This voluntary recall was issued because of a substance in the package liners that produces a strange smell and taste.  Consumers said some of these smells and tastes could be described as stale, metal or soap like.  The company said the potential for health complications is low but wanted to remove the products because some consumers might be overly sensitive to these odors and there is the possibility that the product could cause symptoms such as nausea and diarrhea.

The products being recalled are the breakfast cereals Apple Jacks, Corn Pops, Froot Loops and Honey Smacks.  The products under the recall have the letters “KN” following the “better if used before date” on the box.

Here is a list of the recalled cereals and the specific information:

Kellogg’s Apple Jacks

UPC 3800039136 1: 17 ounce package with Better if Used Before Dates between APR 10 2011 and JUN 22 2011

UPC 3800039132 3: 8.7 ounce packages with Better if Used Before Dates between JUN 03 2011 and JUN 22 2011

Kellogg’s Corn Pops

UPC 3800039109 5: 12.5 ounce packages with Better if Used Before Dates between MAR 26 2011 and JUN 22 2011

UPC 3800039111 8: 17.2 ounce packages with Better if Used Before Dates between MAR 26 2011 and JUN 22 2011

UPC 3800039116 3: 9.2 ounce packages with Better if Used Before Dates between APR 05 2011 and JUN 22 2011

Kellogg’s Froot Loops

UPC 3800039118 7: 12.2 ounce packages with Better if Used Before Dates between MAR 26 2011 and JUN 22 2011

UPC 3800039120 0: 17 ounce packages with Better if Used Before Dates between MAR 26 2011 and JUN 22 2011

UPC 3800039125 5: 8.7 ounce packages with Better if Used Before Dates between MAR 26 2011 and JUN 22 2011

Kellogg’s Honey Smacks

UPC 3800039103 3: 15.3 ounce packages with Better if Used Before Dates between MAR 26 2011 and JUN 22 2011

If you have one of these cereals in your home you can contact the Kellogg company at *888) 801-4163 to get a replacement for your purchase.