This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Consumer Law
Consumer Protection
Deceptive Marketing

James Boswell, et al. Costco Wholesale Corporation

Published: Jun. 3, 2017 | Result Date: May 1, 2017 | Filing Date: Jan. 1, 1900 |

Case number: 8:16-cv-00278-DOC Settlement –  $775,000

Court

USDC Central


Attorneys

Plaintiff

Trevor M. Flynn
(Fitzgerald Joseph LLP)

Jack Fitzgerald
(Fitzgerald Joseph LLP)

Melanie R. Persinger
(Fitzgerald Joseph LLP)


Defendant

Frank J. Broccolo
(Baute Crochetiere & Gilford LLP)


Facts

Plaintiffs brought a putative consumer class action against Costco Wholesale Corporation relating to its Kirkland Signature Coconut Oil product.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that defendant deceptively marketed its Kirkland Signature Coconut Oil as healthy even though coconut oil is almost all unhealthy saturated fat. Plaintiffs claimed the product label was false and misleading.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiffs failed to show how the coconut oil caused them any harm.

Result

The parties agreed to a $775,000 class settlement. The class consists of approximately 790,000 class members. Costco also agreed to remove the term "healthy" and other variations from the product label.


#113568

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390