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Cases & Results
False Advertising Lawsuits
Stopping False Advertising

Girard Gibbs’ attorneys have successfully litigated a number of false advertising lawsuits against some of the nation's largest corporations, achieving significant recoveries on behalf of consumers.

If you have a question about one of the cases below or would like to discuss a potential case with one of our false advertising attorneys, please complete the form to the right or call us toll-free at (866) 981-4800.

Why Girard Gibbs?

Girard Gibbs represents consumers, investors, whistleblowers, employees, and businesses in cases involving consumer protection, personal injury, securities, antitrust, employment litigation and arbitration. The firm’s senior partners, Daniel Girard and Eric Gibbs, have been selected for inclusion in The Best Lawyers in America® 2012 and Northern California Super Lawyers, and have earned AV-Preeminent ratings from Martindale-Hubbell, recognizing them in the highest class of attorneys for professional ethics and legal skills.

Related Cases
Summary

Girard Gibbs' false advertising lawyers have filed a class action lawsuit alleging that Brazilian Blowout violated California law by advertising its Brazilian Blowout hair straightening product as safe and formaldehyde free, when it has been found to contain significant amounts of formaldehyde, a "probable human carcinogen."

According to Brazilian Blowout’s website, the hair product is:

The ONLY Professional Smoothing Treatment that improves the health of the hair. No Damage! and No harsh chemicals! CONTAINS NO FORMALDEHYDE!!!

According to the Oregon Health & Science University’s Center for Research on Occupational and Environmental Toxicology (the "OHSU Center"), it had received a complaint that exposure to Brazilian Blowout was causing stylists difficulty with breathing, nose bleeds, and eye irritation. The Canadian government and Oregon OHSA have reported that their testing has shown Brazilian Blowout products contain between 6% and 12% formaldehyde. California and federal regulations require disclosure when formaldehyde content exceeds 0.1%. Neither the label on the Brazilian Blowout container nor the material safety data sheet accompanying Brazilian Blowout listed formaldehyde as an ingredient.

Formaldehyde, a chemical traditionally used in embalming to preserve human and animal remains, is classified by the U.S. Environmental Protection Agency as a probable human carcinogen, and is known to potentially cause watery eyes, nausea, wheezing, and burning in the eyes, throat, and nose. Testing has shown that exposure to the chemical may have caused nasal cancer in lab rats.

Alleged Legal Violation(s)
Summary

Girard Gibbs filed a class action lawsuit in the Northern District of California, alleging that Intel Corp. took advantage of consumers’ willingness to pay more for laptops with longer battery lives, by creating a test called MobileMark2007 to inflate the battery life estimates of laptops with Intel processers.

The lawsuit followed reports from consumers and the popular press of substantially shorter laptop battery lifespans than that measured by the MobileMark 2007, which is often listed by computer manufacturers. Some consumers have complained that their laptop battery runs for as little as 50% of the advertised lifespan.

Alleged Legal Violation(s)
Summary

Girard Gibbs' false advertising lawyers filed a class action lawsuit against Tyson Foods, Inc., alleging that Tyson's advertisements claiming certain brands of Tyson chicken were "Raised Without Antibiotics" constituted misleading food labels in violation of the law.

District Judge Richard D. Bennett approved a settlement on behalf of Tyson customers worth $5 million including cash reimbursements to consumers and donations by Tyson. Judge Bennett expressly noted the positive reaction by consumers.

Alleged Legal Violation(s)
Summary

Girard Gibbs' false advertising lawyers filed a class action lawsuit on behalf of U.S. Hyundai and Kia owners and lessees, contending that Hyundai continued to advertise false horsepower ratings in the United States even after the Korean Ministry's findings. The class action complaint alleged that Hyundai and Kia were able to sell more vehicles and charge more per vehicle because of the deceptive advertising.

Girard Gibbs negotiated a class action settlement which provided Hyundai and Kia owners nationwide with cash payments and dealer credits. The value of the settlement was estimated between $75 million and $125 million. Under the court approved settlement, Hyundai provided up to $225 in cash and up to $325 in dealer credits to owners of the affected vehicles.

Alleged Legal Violation(s)
Summary

Girard Gibbs' false advertising lawyers filed a class action lawsuit against Apple on behalf of affected iPod owners, alleging that Apple's advertising about iPod's battery life was false and misleading. The lawsuit's complaint alleged consumer fraud, deceptive advertising, and unfair business practices, in violation of various consumer protection laws.

Alleged Legal Violation(s)
Summary

In March 2011, Girard Gibbs LLP and co-counsel Cohen Milstein Sellers & Toll PLLC and The Wentz Law Firm filed a national class action lawsuit alleging that DISH unlawfully raised its prices for satellite television services in February 2011. The suit alleges that DISH breached its contracts and violated the Colorado Consumer Protection Act when it raised prices on customers who were bound by a two-year contract with discounted pricing for the first 12-months. The Court approved a settlement on March 23, 2012.

Alleged Legal Violation(s)
Consumer Lawyers
  • Eric
    Gibbs
    Eric Gibbs is a founding partner of Girard Gibbs LLP, a law firm dedicated to the protection of consumer... MORE >
  • A. J.
    De Bartolomeo
    A. J. De Bartolomeo is a partner at Girard Gibbs LLP with extensive experience representing consumers and... MORE >
  • Dylan
    Hughes
    Dylan is a partner at Girard Gibbs LLP, and for years has dedicated his efforts to protecting consumers... MORE >
  • Geoffrey
    Munroe
    Geoff Munroe is a partner at Girard Gibbs LLP dedicated to holding corporations accountable for using unfair... MORE >
  • David
    Stein
    David Stein is a partner with Girard Gibbs and a member of our Consumer Attorneys Practice Group. David... MORE >
  • Amy
    Zeman
    Amy Zeman is an associate attorney and a member of our Consumer Attorneys Practice Group. Amy represents... MORE >
  • Scott
    Grzenczyk
    Scott Grzenczyk is an associate at Girard Gibbs LLP and a member of the Consumer Protection Law Practice... MORE >
  • Matthew
    George
    Matthew George is a partner with Girard Gibbs and a 2005 graduate of the University of Michigan Law School. MORE >
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