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Class Action Lawsuit Filed for Product Liability

On behalf of Joel Rhine of Rhine Law Firm, P.C. posted July 27, 2015

Consumers in North Carolina might wish to take note of a recent class action lawsuit filed against a major brand company. The product liability case involves a claim of false advertising. Those involved in the action say that the companies involved continued to sell the product in question even though they knew it would not perform as advertised.

Nike is the company who manufactured the FuelBand, and those who purchased it between 2012 and 2015 are reportedly potentially eligible to receive a payment due to a settlement of the class action litigation. The terms of the settlement were agreed upon in June. Reportedly, Nike will pay $2.4 million to those who have added their names to the class.

Those who led this lawsuit stated that the advertising for the product claimed that it could accurately track calorie burn, a person’s steps and overall activity level. Another major brand company, Apple, sold the product and was also named as a defendant in the lawsuit. It was reported, however, that Apple will not be held responsible, including for any expenses related to the attorney fees of the plaintiffs.

Those representing the plaintiffs stated that the companies knowingly advertised FuelBand online, on television and in stores despite the fact that they were aware that the product was not capable of doing what the ads said it was capable of doing. In North Carolina and throughout the United States, companies that publicize false advertisements regarding a product for sale to the general public can be held liable in court for placing a deficient product into the hands of consumers. Any person who believes he or she has purchased a product that has been knowingly advertised in a fraudulent manner may wish to discuss the matter with a product liability attorney.

Source: appleinsider.com, “Nike, Apple agree to $2.4M settlement in suit over false FuelBand claims, Apple to pay nothing“, Mikey Campbell, July 24, 2015

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