Dec 23, 2021 | Blog, Product Liability
Undisclosed Benzene Leads To Class Action Regarding EltaMD UV Aero Broad-Spectrum Full-Body Sunscreen Spray – SPF 45
A class action complaint was filed on December 22, 2021 in United States District Court, Southern District of New York, seeking to remedy the alleged deceptive and misleading business practices of Defendants Colgate-Palmolive Company and EltaMD, Inc., with respect to the marketing and sale of Defendants’ EltaMD UV Aero Broad-Spectrum Full-Body Sunscreen Spray – SPF 45 sunscreen product.
According to the complaint, the Defendants list both the active and inactive ingredients of the aforementioned product, but fail to disclose that the product contains “benzene,” a widely recognized and incredibly dangerous substance, especially in the context of applying it to the skin.
If you feel you have been a victim of a defective or misleading consumer product and/or product recall and wish to discuss your potential legal options, please contact Kehoe Law Firm, P.C., [email protected], for a free, no-obligation case evaluation.
Dec 23, 2021 | Blog, Product Liability
Class Action Suit Filed Regarding The Marketing And Sale of Right Guard Body Spray Products, Including Right Guard – Sport, Fresh, Up To 48 HR Odor Protection & Right Guard – Sport, Powder Dry, Up To 48 HR Odor Protection.
The lawsuit, filed on December 22, 2021 in United States District Court, District of Connecticut, alleges that the defendants, Henkel Corporation and Thriving Brands LLC, list both the active and inactive ingredients of their spray products, but fail to disclose that the product contains “benzene.”
The class action lawsuit seeks to remedy the deceptive and misleading business practices of the Defendants with respect to the marketing and sale of Right Guard body spray line of products throughout the country, including, but not limited to, Right Guard – Sport, Fresh, Up To 48 HR Odor Protection and Right Guard – Sport, Powder Dry, Up To 48 HR Odor Protection.
Benzene, according to the class action complaint, is a harmful carcinogen and an incredibly dangerous substance, especially in the context of applying it to the skin, offering no body spray benefit.
If you feel you have been a victim of a defective or misleading consumer product and/or product recall and wish to discuss your potential legal options, please contact Kehoe Law Firm, P.C., [email protected], for a free, no-obligation case evaluation.
Dec 22, 2021 | Blog, Car Problems Car Complaints
Nissan Rogue (2021), Ford F-150 (2018), Ford F-150 (2021-2022), Ford Maverick (2022) & Ford Mustang Mach E (2021-2022) Recalls
Your vehicle MAY be involved in a safety recall which MAY create a safety risk for you or your passengers. If not repaired, a potential safety defect could lead to injury or even death. Safety defects must be repaired by a dealer at no cost to you. The following MAY APPLY to your vehicle if it is listed below. Please click on the National Highway Traffic Safety Administration (“NHTSA”) Recall ID Number below to learn more about the safety issue and the reason for the vehicle recall.
Nissan Rogue (2021) – Fuel pump failure may cause an engine stall, increasing the risk of a crash.
Manufacturer: Nissan North America, Inc.
Components: FUEL SYSTEM, GASOLINE
Potential Number of Units Affected: 24,793
Summary & Remedy
Nissan North America, Inc. (“Nissan”) is recalling certain 2021 Rogue vehicles. Abnormal wear inside the fuel pump may cause it to overheat and fail.
Dealers will replace the fuel pump assembly, free of charge. Owner notification letters are expected to be mailed January 26, 2022. Owners may contact Nissan customer service at 1-800-867-7669. Nissan’s number for this recall is R21B8. Owners may also contact the National Highway Traffic Safety Administration Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to nhtsa.gov.
Ford F-150 (2018) – Unexpected tailgate opening may allow unrestrained cargo to fall out of the truck bed and become a road hazard, increasing the risk of a crash.
Manufacturer: Ford Motor Company
Components: LATCHES/LOCKS/LINKAGES
Potential Number of Units Affected: 57,591
Summary & Remedy
Ford Motor Company (“Ford”) is recalling certain 2018 F-150 vehicles with manual and power release tailgates. The tailgate latches may unlatch unexpectedly while driving.
Dealers will replace the left-hand and right-hand tailgate latches, free of charge. Owner notification letters are expected to be mailed January 31, 2022. Owners may contact Ford customer service at 1-866-436-7332. Ford’s number for this recall is 21S53. Owners may also contact the National Highway Traffic Safety Administration Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to nhtsa.gov.
Ford F-150 (2021-2022) – A fractured driveshaft can cause a loss of drive power, or a loss of vehicle control if the driveshaft contacts the ground. Additionally, unintended movement could occur while parked if the parking brake is not engaged. Any of these scenarios can increase the risk of a crash.
Manufacturer: Ford Motor Company
Components: POWER TRAIN, STRUCTURE
Potential Number of Units Affected: 184,698
Summary & Remedy
Ford is recalling certain 2021-2022 F-150 vehicles. Underbody heat and noise insulators may loosen and contact the aluminum driveshaft, which could damage the driveshaft and cause it to fracture.
Dealers will inspect and repair the driveshaft as necessary, and properly attach the underbody insulators, free of charge. Owner notification letters are expected to be mailed January 31, 2022. Owners may contact Ford customer service at 1-866-436-7332. Ford’s number for this recall is 21S56. Owners may also contact the National Highway Traffic Safety Administration Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to nhtsa.gov.
Ford Maverick (2022), Ford Mustang Mach E (2021-2022) – Improperly attached seat belts may not adequately restrain an occupant in a crash, increasing the risk of injury.
Manufacturer: Ford Motor Company
Components: SEAT BELTS
Potential Number of Units Affected: 2,622
Summary & Remedy
Ford is recalling certain 2021-2022 Mustang Mach-E and 2022 Maverick vehicles. The rear seat belt buckles may not be properly attached to the rear floor assembly. As such, these vehicles fail to comply with the requirements of Federal Motor Vehicle Safety Standard numbers 208, “Occupant Crash Protection,” and 210, “Seat Belt Assembly Anchorages.”
Dealers will repair the rear seat belt buckle attachments, free of charge. Owner notification letters are expected to be mailed January 17, 2022. Owners may contact Ford customer service at 1-866-436-7332. Ford’s number for this recall is 21C36. Owners may also contact the National Highway Traffic Safety Administration Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to nhtsa.gov.
What Is A Vehicle Recall?
When a manufacturer or the NHTSA determines that a vehicle creates an unreasonable risk to safety or fails to meet minimum safety standards, the manufacturer is required to fix that vehicle at no cost to the owner. The fix, or repair, can be accomplished by repairing, replacing, offering a refund (for equipment) or, in rare cases, repurchasing the car/vehicle.
What Should I Do If My Vehicle Is Included In This Recall?
If your vehicle is included in a specific recall, it is very important that you get it fixed as soon as possible given the potential danger to you and your passengers if it is not addressed. You should receive a separate letter in the mail from the vehicle manufacturer, notifying you of the recall and explaining when the remedy will be available, whom to contact to repair your vehicle, and to remind you that the repair will be done at no charge to you. If you believe your vehicle is included in the recall, but you do not receive a letter in the mail from the vehicle manufacturer, please call NHTSA’s Vehicle Safety Hotline at 1-888-327-4236, or contact your vehicle manufacturer or dealership.
For additional recall information, please click Vehicle Recall FAQs.
Source: U.S. Department of Transportation, National Highway Traffic Safety Administration
VEHICLE OWNERS AND LESSEES AFFECTED BY AUTOMOTIVE DEFECTS OR SAFETY RECALLS ARE ENCOURAGED TO CONTACT KEHOE LAW FIRM, P.C., [email protected], FOR A FREE, NO-OBLIGATION EVALUATION OF POTENTIAL LEGAL CLAIMS.
Dec 21, 2021 | Blog, Product Liability
Recall Of Certain Foonf Convertible Child Seats Manufactured Prior To May 21, 2021 – Loose Pieces Of Foam Can Present A Choking Hazard To A Child, Increasing The Risk Of Injury
Manufacturer: Clek, Inc.
Components: CHILD SEAT, CLEK FOONF, CLEK FLLO
Potential Number of Units Affected: 150,599
Clek will provide a molded plastic insert that prevents access to the foam, along with instructions on how to attach it to the child seat, free of charge. Owner notification letters are expected to be mailed in December 2021. Owners may contact Clek customer service at 1-866-656-2462. Owners may also contact the National Highway Traffic Safety Administration Vehicle Safety Hotline at 1-888-327-4236 (TTY 1-800-424-9153), or go to nhtsa.gov.
Source: United States Department of Transportation, National Highway Traffic Safety Administration
Dec 21, 2021 | Blog, Data Breach
Southern Orthopaedic Associates, D/B/A Orthopaedic Institute of Western Kentucky, Suffers Data Breach
Southern Orthopaedic Associates, d/b/a Orthopaedic Institute of Western Kentucky (“Southern Orthopaedic” or “SOA”), recently filed a Data Breach Notification with the Office Of The Maine Attorney General.
SOA’s notification of the data event stated, among other things, that
[o]n or about July 8, 2021, SOA became aware of suspicious activity relating to an employee email account. SOA immediately launched an investigation to determine what may have happened. Working together with an outside computer forensics specialist, SOA determined that an unauthorized individual accessed several employee email accounts between June 24, 2021 and July 8, 2021. Because SOA was unable to determine which email messages in the accounts may have been viewed by the unauthorized actor, SOA reviewed the entire contents of the affected email accounts to identify what personal information was accessible to the unauthorized actor. This review was complete by October 21, 2021. After identifying the individuals who may have been impacted, [Southern Orthopaedic] worked to confirm current mailing addresses for the impacted individuals and prepare an accurate written notice of this incident.
The information that could have been subject to unauthorized access includes name, and Social Security Number. [Emphasis added.]
A copy of SOA’s notification of the data event can be viewed by clicking “Nature of the Data Event.”
Have You Been Impacted by A Data Breach?
If so, please complete the form on the right or contact Kehoe Law Firm, P.C., [email protected], for a free, no-obligation evaluation of potential legal claims.
Examples of the type of relief sought by data privacy class actions, include, but are not limited to, reimbursement of identity theft losses and of out-of-pocket costs paid by data breach victims for protective measures such as credit monitoring services, credit reports, and credit freezes; compensation for time spent responding to the breach; imposition of credit monitoring services and identity theft insurance, paid for by the defendant company; and improvements to the defendant company’s data security systems.
Data privacy class actions are brought on a contingent-fee basis; thus, plaintiffs and the class members do not pay out-of-pocket attorney’s fees or litigation costs. Subject to court approval, attorney’s fees and litigation costs are derived from the recovery obtained for the class.
Dec 20, 2021 | Blog, Car Problems Car Complaints
BMW Cup Holders Allegedly Defective – Class Action Alleges That When Liquid Spills Into Cup Holder, Wires For Airbag Control Module Get Wet, Causing Damage To Air Bags
On December 16, 2021, a class action lawsuit was filed in United States District Court, Central District of California, against BMW Of North America, LLC on behalf of a class of current and former BMW vehicle owners and lessees with defective cup holders utilized in numerous BMW vehicles sold in the United States, including, but not limited to, 2020 X7 M50i automobiles.
According to the class action complaint, the lawsuit stemmed from Defendant BMW Of North America’s failure, despite its longstanding knowledge of a material defect, to properly disclose that the Class Vehicles’ cup holders are defective and not properly designed to hold cups filled with liquid, which impairs the safety and reliability of the Class Vehicles.
The cup holders in the Class Vehicles, allegedly, are designed defectively, because they are not designed, nor intended, to actually hold cups filled with liquid. When liquid spills into the cup holder, the wires for the SRS Airbag Control Module get wet and damage the air bags.
Consequently, the air bags can inadvertently deploy, and the defect, according to the complaint, exposes the driver and occupants of the Class Vehicles, as well as others who share the road with them, to an increased risk of accident, injury, or death.
Further, Defendant BMW Of North America, allegedly, has been aware of the defect, and many owners and lessees of the Class Vehicles have communicated with Defendant BMW Of North America or its agents to request that it remedy and/or properly address the defect. According to the lawsuit, despite its longstanding knowledge of this defect and such requests, BMW Of North America has routinely refused to properly repair the Class Vehicles.
VEHICLE OWNERS AND LESSEES AFFECTED BY AUTOMOTIVE DEFECTS OR SAFETY RECALLS ARE ENCOURAGED TO CONTACT KEHOE LAW FIRM, P.C., [email protected], FOR A FREE, NO-OBLIGATION EVALUATION OF POTENTIAL LEGAL CLAIMS.
