Category Archives: Florida Consumer Lawyer Blog

Suing Police for Arresting You for Photographing Them…

Did you know that you have a First Amendment right to photograph police officers and other government officials as they conduct official business?  Throughout the country we’ve seen amateur photographers arrested and have their cameras or camera-phones confiscated (or even having individual photographs deleted).  Public officials have no reasonable expectation of privacy when conducting official business in public. Apparently Texas is considering a bill that would make it a crime to photograph officers.  Click here for coverage of the pending legislation and its immediate critics. If you’ve been arrested for photographing public officials, contact us today to discuss your legal rights and options.

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GNC, Target, Walgreens’ and Wal-Mart’s Herbal Supplements Subject of Class Action Lawsuit

Turns out your herbal supplement now contain absolutely ZERO active ingredients despite  the label.  The following supplements are under investigation: GNC’s “Herbal Plus” brand Gingko Biloba; St. John’s Wort; Gingseng; Echinacea; and Saw Palmetto. Target’s “Up & Up” brand Gingko Biloba; St. John’s Wort; Echinacea; Saw Palmetto; and Valerian Root. Walgreens’ “Finest Nutrition” brand Gingko Bilobo; St. John’s Wort; Gingseng; Garlic; and Echinacea. Wal-Mart’s “Spring Valley” brand Gingko Biloba; St. John’s Wort; Gingseng; Garlic; Echinacea; and Saw Palmetto. Contact us today to learn your legal rights. Here’s the NY attorney general’s press release in full: NEW YORK — Attorney General Eric T. Schneiderman today announced that his office sent letters to four major retailers, GNC, Target, Walmart, and Walgreens, for allegedly selling store brand herbal supplement products in New York that either could not be verified to contain the labeled substance, or which were found to contain ingredients not listed on the labels. The letters, sent Monday, call for the retailers to immediately stop the sale of certain popular products, including…
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Lumber Liquidators Selling Wood Floors with Formaldehyde

We’re now accepting plaintiffs who seek representation against Lumber Liquidators for selling Chinese manufactured wood flooring containing — wait for it — formaldehyde. Here’s the quick scoop: Lumber Liquidators’ laminate wood flooring is not what it purports to be. The laminated floor wood contains a dangerous level of formaldehyde gas which exceeds the “CARB regulations in the State of California” and the standards promulgated in the Toxic Substances Control Act, 15 U.S.C. 2601, et. seq. (Title VI- Formaldehyde Standards of Composite Wood Products) and is hazardous to human health. Formaldehyde gas can cause cancer, asthma, chronic respiratory irritation and other ailments including skin and breathing problems. The risk of these health problems is significantly greater for children. Formaldehyde is the sort of toxic substance to which people may be exposed without knowing they are at risk. Day after day, week after week, month after month, Plaintiff lives in his home,…
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Gluten Free Pizza? Beware of Cross-Contamination

Pizza Hut just announced it is introducing gluten-free pizza.  That may seem counterintuitive considering the importance of the pizza crust, but gluten-free pizza has been around for many years and is found extensively throughout Italy.  Gluten-free flour is available in most grocery stores.  The potential concern is the risk of cross-contamination.  Does the restaurant use a dedicated gluten-free kitchen, gluten-free pots and pans, and gluten free utensils?  Does the restaurant staff wear gloves or are they dedicated to the gluten-free side of the house?  Does the staff truly understand the importance of avoiding cross-contamination? If you suffer from Celiac disease and you accidentally eat food containing gluten due to cross-contamination in the restaurant kitchen, contact our firm today to discuss your legal rights.

Posted in Consumer Protection, Diet & Fitness Fads | Leave a comment

“Gluten Free” Food Labelling Leads to New Lawsuits

Getting sick from consuming gluten is an extremely painful experience for anyone suffering from Celiac Disease.  Fortunately, the FDA issued a new regulation effective immediately prohibiting “packaged food” from being labeled “Gluten Free” unless it meets a strict test for what qualifies as gluten-free.  One may think that being gluten-free means being entirely free of gluten — you would be mistaken. Now,“Gluten-Free” means: (1) the food does not contain any gluten-containing grain (e.g., spelt wheat); and (2) the food does not contain an ingredient that is derived from a gluten-containing grain and that has not been processed to remove gluten (e.g., wheat flour);and (3) the food does not contain an ingredient that is derived from a gluten-containing grain and that has been processed to remove gluten (e.g., wheat starch), if the use of that ingredient results in the presence of 20 parts per million (ppm) or more gluten in the…
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Posted in Class Action Litigation, Consumer Protection, Diet & Fitness Fads, Drugs & Pharma, False and Deceptive Advertising | Leave a comment

Florida Drivers Beware of Faulty Airbags Manufactured by Takata

The National Highway Traffic Safety Administration urges owners of certain Toyota, Honda, Mazda, BMW, Nissan, Mitsubishi, Subaru, Chrysler, Ford and General Motors vehicles to act immediately on recall notices to replace defective Takata airbags. Over seven million vehicles are involved in these recalls, which have occurred as far back as 18 months ago and as recently as Monday. The message comes with urgency, especially for owners of vehicles affected by regional recalls in the following areas: Florida, Puerto Rico, limited areas near the Gulf of Mexico in Texas, Alabama, Mississippi, Georgia, and Louisiana, as well as Guam, Saipan, American Samoa, Virgin Islands and Hawaii. 7.8 Million Affected U.S. Vehicles, by Manufacturer, Impacted by CY 2013 and 2014 Recalls Involving Takata Airbags BMW: 627,615 total number of potentially affected vehicles 2000 – 2005 3 Series Sedan 2000 – 2006 3 Series Coupe 2000 – 2005 3 Series Sports Wagon 2000 –…
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New Study Shows Dangerous Actos Side Effects

Actos is a drug usually prescribed to patients with diabetes to aid in their insulin uptake. However, many ill patients have filed lawsuits against Takeda Pharmaceuticals, the drug’s manufacturer, due to allegations of deadly side effects. A recent study adds legitimacy to the patients’ claims. New Study A study performed by Jeffrey A. Johnson found that people with diabetes who take Actos are 22 percent more likely to develop bladder cancer than those who abstain from the drug. Of 2.6 million patients taking Actos, 3,643 of them developed bladder cancer. Actos is intended to help diabetics by making the body’s cells more susceptible to insulin, a growth hormone. Unfortunately, malignant cancer cells also feed on insulin, so Actos can fuel the growth of cancer cells. The Food and Drug Administration (FDA) says that using Actos for over a year can increase the risk of bladder cancer by 40 percent. Lawsuits…
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Is Your Bank Cheating You?

Earlier this week we wrote about how the Consumer Financial Protection Bureau (CFPB), the federal watchdog agency responsible for protecting American consumers against illegal and unethical practices, took a stand against Capital One for misleading its customers. In the wake of the CFPB’s first major action, we want to help you determine if your bank is guilty of the same charges. Consider: Has your bank coerced you into adding an extra service? Did a representative say that it was mandatory? Did a representative promise a better credit score if you added said feature? Did a representative say it was free or cheap? Check your bill; it might cost more than he or she said. Has your bank enrolled you in extra services without your consent? Has your bank offered you services that you do not qualify for? Is your bank giving you the run-around when you try to cancel services,…
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Consumer Financial Protection Bureau Scores $210 Million Victory Against Capital One

Just after the two-year anniversary of the Dodd-Frank Act, which established financial regulations to prevent another stock market crash, the Consumer Financial Protection Bureau (CFPB) ordered Capital One to pay $210 million in fines for engaging in deceptive sales tactics. The CFPB took action after officials listened in on live and recorded phone calls from Capital One customer sales reps. CFPB officials noticed call center reps misleading customers in the following ways: Telling customers that certain optional features were mandatory Telling customers that extra features would improve their credit score and lead to a higher credit limit Telling customers that some services were free or less expensive than they actually were Offering services to customers who did not qualify for them, and failing to remove the services in a timely manner after customers called to complain Automatically enrolling customers into certain programs without the customer’s consent Most of the money…
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New Florida Law Punishes Phone Solicitors

Since 1990, Floridians have enjoyed protection from unwanted calls from salespeople, 13 years before the national do-not-call registry went into effect. Florida’s system was not ideal for everyone, though; it cost $10 to sign up, and an additional $5 every year to stay on the list. New provisions in the state’s phone solicitation law allow for cheaper access and harsher penalties for violators. Now, anyone can join the Florida do-not-call list for free, and companies who call numbers on the list could face fines up to $10,000. ‘Better hammer’ The law “gave us a little better hammer to go after people who violate the do-not-call list,” said Florida Agriculture Commissioner Adam Putnam. To date, 172,637 people have signed up for the state’s do-not-call list, a total of 304,920 phone numbers. Before the state took the fees away, there were 60,638 subscribers and 71,460 numbers on the list. Seniors at Risk…
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