Deceptive Practices & Misleading Labeling Alleged in Two Florida Class Action Cases By Tod Aronovitz | 02/13/15 | 0 Comment

Disgruntled consumers have recently filed class action complaints in Florida against two separate companies.

At the center of the first lawsuit is the national massage chain, Massage Envy, an article in Legal Newsline reported. In November, plaintiff Fumiko Robinson alleged the company’s business practices were unfair and deceptive because Massage Envy does not redeem prepaid massages for customers who cancel their monthly memberships.

According to the lawsuit, members pay a monthly $59 fee for one massage at Massage Envy every month as part of their membership. If prepaid massages cannot be scheduled during the month, they can be rolled over to the following month; however, Massage Envy will not honor massages rolled over to clients who have cancelled their memberships.

The complaint seeks less than $5 million in damages, as well as class status for anyone who prepaid for massages at Massage Envy in Florida. This figure is a threshold for removal under the Class Action Fairness Act, which, the defendant argues, prevents the plaintiffs from artificially structuring their lawsuits to avoid federal jurisdiction.

The suit, U.S. District Court for the Southern District of Florida case no. 0:15-cv-60017, was filed against Massage Envy Franchising in Broward County Circuit Court and was removed to U.S. District Court for the Southern District of Florida on January 5.

In the second class action case, two Florida residents filed suit against La Jolla, Calif.-based Bear Naked, Inc., alleging the whole grain food manufacturer misled consumers on some of its products due to inaccurate labeling.

According to an article in Legal Newsline, plaintiffs William Gerard Barden and Sonsaray Stansfield argue Real Nut Energy Bars contain three synthetic chemical compounds–tocopherols, glycerin and lecithin—even though the energy bars are labeled as “100% Natural.”

According to the suit—United States District Court for the Northern District of Florida case no. 4:15-cv-00007—the products were purchased without the plaintiffs’ knowledge that they contained chemical ingredients. Even though the product labels disclose these ingredients, they do not identify them as synthetic.

The plaintiffs purchased more than $25 worth of these products at Publix and Walmart between August and November. They contend they were willing to pay a higher price based on the understanding that the products were all-natural and therefore, more healthful.

Their suit alleges that:

  1. Real Nut Energy Bars are misbranded;
  2. Labeling fails to comply with various Florida State food safety regulations, consumer protection statutes and advertising law;
  3. The manufacturer intentionally deceived consumers;
  4. The purchase damaged the plaintiffs because, in their opinion, misbranded products are illegal and have no economic value.

Barden and Stansfield are calling for a trial by jury. They seek punitive damages, and legal fees and costs. They also want Bear Naked to run a corrective advertising campaign.

Miami Class Action Lawyer Representing Consumers in Product Liability Cases

The Florida class action law firm of ARONOVITZ LAW pursues justice for citizens across Florida who have been injured by the wrongful actions or omissions of another individual, government agency, or corporation. We can assist you with civil litigation including consumer class action litigation, whistleblower cases, medical malpractice, product liability, and wrongful death cases.

Contact Miami class action attorney Tod Aronovitz for a confidential discussion of your case.