On March 5, 2021, Craig Wiggins and Rebecca Torres, individually and on behalf of all others similarly situated (“Plaintiffs”), represented by Kevin Christopher Mallon of Mallon Consumer Law Group, PLLC, filed a class action lawsuit against Unilever United States, Inc., doing business as “Dove” seeking injunctive relief, damages among various other reliefs for alleged Dove’s deceptive and misleading practices. This case was filed in U.S. District Court in the Southern District of New York with Judge Paul G. Gardephe presiding.
Pursuant to Federal Rule of Civil Procedure 23(b)(3), the Plaintiffs assert to have filed the claim on behalf of themselves and all other similarly situated United States residents who purchased the Falsely Labeled Products (as defined herein).
In the complaint, Plaintiffs alleged that “Seeking to capture the growing market for hypoallergenic and tear-free products, Dove prominently labels many of its products as “hypoallergenic,” and adds to baby washes and shampoos an additional “tear-free” claim. However, despite its marketing scheme, Dove’s products are chock-full of a significant array and substantial amount of known skin sensitizers (allergens), agents that cause serious skin damage, chemicals that cause serious eye damage lasting longer than 21 days, skin irritants, and eye irritants. Dove’s products all contain skin allergens (a.k.a. skin sensitizers) in an amount
that has already been shown to cause an allergic reaction to a significant portion of the population, under the Globally Harmonized System of Classification.”
Plaintiffs further alleged that “Further encouraging consumers’ reliance on Dove’s “hypoallergenic” and “tear- free” promises, Dove labels only some products as hypoallergenic, and only some products as tear-free, giving consumers the (false) impression that Dove carefully reviewed each ingredient in its products to ensure that the “hypoallergenic” and “tear-free” promises was made for only those products that truly are as represented. Dove intended for consumers to rely on its representations, and hundreds of thousands of reasonable consumers did in fact so rely. On the products’ labels, and again on its website, Dove represents that certain of its products are “hypoallergenic.” These products are all falsely labeled, as all of these products contain skin allergens in an amount known to cause an allergic reaction. They also all contain ingredients that cause skin irritation or skin damage.”
There are seven claims for relief laid down by the Plaintiffs. The first claim for relief is for Breach of Express Warranty, other claims are for Unjust Enrichment, violation of New York’s General Business Law § 349 and Similar Statutes, violation of New York’s General Business Law § 350 and Similar Statutes, Unfair and Deceptive Acts and Practices, Violations of California’s False Advertising Law and Similar Statutes and Violation of California’s Unfair Competition Law and Similar Statutes.
In its prayer for relief, the Plaintiffs requested the court to pass an order to define the class as requested and to certify this as a class action in accordance with Federal Rule of Civil Procedure 23, requiring an accounting for, and imposition of a constructive trust upon, all monies received by Dove, enjoining Dove’s unlawful and deceptive acts. Plaintiffs further requested the court to award Plaintiffs restitution, disgorgement, refund, and/or other monetary, statutory and punitive damages along with costs of litigation.
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Pending - Other Pending
Personal Injury - Other Product Liability
Paul G. Gardephe
Unilever United States, Inc. doing business as Dove
Kevin Christopher Mallon
Attorney at Mallon Consumer Law Group, PLLC
One Liberty Plaza, Suite 2301
New York, NY 10006
Attorney at The Golan Firm
2000 M St Nw, Ste 750-A
Washington, DC 20036
Jaclyn Marie Metzinger
Attorney at Kelley Drye & Warren LLP
3 World Trade Center, 175 Greenwich Street
New York, NY 10007
Docket(#9) ORDER granting #8 Letter Motion for Extension of Time to Answer re #8 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,,,, addressed to Judge Paul G. Gardephe from Jaclyn M. Metzinger dated 04/02/2021.. The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/6/2021) Unilever United States, Inc. answer due 5/20/2021 (ks) (Entered: 04/06/2021)[+] Read More [-] Read Less
Docket(#8) LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,,,, addressed to Judge Paul G. Gardephe from Jaclyn M. Metzinger dated 04/02/2021. Document filed by Unilever United States, Inc...(Metzinger, Jaclyn) (Entered: 04/02/2021)[+] Read More [-] Read Less
Docket(#7) SUMMONS RETURNED EXECUTED Summons and Complaint,,,, served. Unilever United States, Inc. served on 3/15/2021, answer due 4/5/2021. Service was accepted by George Riley. Document filed by Craig Wiggins; Rebecca Torres..(Mallon, Kevin) (Entered: 03/23/2021)[+] Read More [-] Read Less
Docket(#6) NOTICE OF PRETRIAL CONFERENCE: Per the SDNY COVID-19 COURTHOUSE ENTRY PROGRAM, anyone who appears at any SDNY courthouse must complete a questionnaire and have their temperature taken. Please see the instructions, attached below. Completing the questionnaire ahead of time will save time and effort upon entry. Only those individuals who meet the entry requirements established by the questionnaire will be permitted entry. Please contact chambers if you do not meet the requirements. (And as further set forth herein.) SO ORDERED. Initial Conference set for 6/25/2021 at 10:15 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 3/9/2021) (jca) (Entered: 03/09/2021)[+] Read More [-] Read Less
Docket(#5) ELECTRONIC SUMMONS ISSUED as to Unilever United States, Inc...(dnh) (Entered: 03/08/2021)[+] Read More [-] Read Less
DocketCase Designated ECF. (dnh) (Entered: 03/08/2021)[+] Read More [-] Read Less
DocketMagistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (dnh) (Entered: 03/08/2021)[+] Read More [-] Read Less
DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(dnh) (Entered: 03/08/2021)[+] Read More [-] Read Less
Docket***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Kevin Christopher Mallon. The following case opening statistical information was erroneously selected/entered: Citizenship Defendant code 2 (Citizen of Another State). The following correction(s) have been made to your case entry: the Citizenship Defendant code has been modified to 4 (Incorporated/Principal Place of Business-This State). (dnh) (Entered: 03/08/2021)[+] Read More [-] Read Less
Docket***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kevin Christopher Mallon. The party information for the following party/parties has been modified: Unilever United States, Inc., CRAIG WIGGINS, REBECCA TORRES. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party name was omitted. (dnh) (Entered: 03/08/2021)[+] Read More [-] Read Less
Docket(#4) NOTICE OF APPEARANCE by Yvette Golan on behalf of REBECCA TORRES, CRAIG WIGGINS..(Golan, Yvette) (Entered: 03/08/2021)[+] Read More [-] Read Less
Docket(#3) REQUEST FOR ISSUANCE OF SUMMONS as to Unilever United States, Inc., re: #1 Complaint,,,,. Document filed by REBECCA TORRES, CRAIG WIGGINS..(Mallon, Kevin) (Entered: 03/05/2021)[+] Read More [-] Read Less
Docket(#2) CIVIL COVER SHEET filed..(Mallon, Kevin) (Entered: 03/05/2021)[+] Read More [-] Read Less
Docket(#1) COMPLAINT against Unilever United States, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24214465)Document filed by CRAIG WIGGINS, REBECCA TORRES. (Attachments: #1 Exhibit 1, Part 1 - Product Labels, #2 Exhibit 1, Part 2 - Product Labels, #3 Exhibit 1, Part 3 - Product Labels, #4 Exhibit 1, Part 4 - Product Labels, #5 Exhibit 1, Part 5 - Product Labels, #6 Exhibit 1, Part 6 - Product Labels, #7 Exhibit 1, Part 7 - Product Labels, #8 Exhibit 2 - Safety Data Sheet, #9 Exhibit 3 - Product Labels, #10 Exhibit 4 - Web Page Marketing Material, #11 Exhibit 5 - Web Page Marketing Material, #12 Exhibit 6 - Web Page Marketing Material, #13 Exhibit 7 - Web Page Marketing Material, #14 Exhibit 8 - Excerpt of Globally Harmonized System of Classification and Labeling of Chemicals, #15 Exhibit 9 - SmartLabel Web Page, #16 Exhibit 10 - Web Page Marketing Material, #17 Exhibit 11 - Web Page Marketing Material, #18 Exhibit 12 - Web Page Marketing Material).(Mallon, Kevin) (Entered: 03/05/2021)[+] Read More [-] Read Less
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