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The Consumer Lawyer

Case study 6: When goods do not match the sample

Mrsarbitrator.

December 22, 2020
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By Joanne Dunham ACIArb

When writing an arbitration, it is incumbent on me to ensure that full consideration is given to all submissions, in order to afford the parties every opportunity to present their case concisely, and to the best of their abilities. Each arbitration is approached in a meticulous fashion, with the starting point determining: i) the crux of the complaint; ii) the desired resolution; iii) the relevant laws (and their application); iv) the burden of proof; v) evidence (or balance of probability, in its absence); and vi) available remedy.

I must also consider that many consumers may not have any knowledge of legal process and, therefore, in order that they are not unfairly prejudiced, within my remit as Arbitrator I am able to pose further questions of both parties, or make recommendations/suggestions for further evidence, where I deem fit. Indeed, the Consumer Rights Act 2015 (the current law protecting the interests of consumers), provides that where there is a lack of clarity, the consumer should be given the ‘benefit of the doubt’.

I should also clarify that the fact that the Arbitrator finds in favour of one party, does not imply that the other party is telling an untruth – it merely means that the evidence and submissions of the successful party are preferred.

The following case study highlights differences in a carpet sample which the consumer had inspected in store, and also samples which he had received in the post, not matching the carpet which was ultimately fitted at his property.

The consumer purchased carpet from the retailer’s store. The relevant law in this case was the Consumer Rights Act 2015.

During installation of the carpet, the consumer noted the carpet did not provide a match (in colour) to the samples he had previously received in the post, and those he had inspected in the retailer’s store. The third party fitter also agreed that that the carpet for installation did not correspond to the samples.

It was arranged that the fitter would complete the installation and then return to the retailer’s store with the samples the consumer had received in the post (and which provided a match to the sample examined in store), together with an offcut of the installation.

The manager from the retailer’s store contacted the consumer and indeed confirmed that the colours did not correspond and therefore a replacement would be ordered and provided to the consumer, for installation at a later date.

When the replacement arrived in store, the consumer was invited to visit the examine the goods prior to their installation. However, the replacement likewise did not provide a match to that which was ordered and the retailer concluded that the manufacturer must have changed the specification of the carpet.

As the consumer had ordered a range of furniture and soft furnishings in consideration of the shade of carpet he had initially ordered, he did not wish to accept the installation, nor the replacement, and requested a refund; The retailer denied the consumer’s request as it considered that whilst there was a difference in colour, the colour was within ‘tolerance’.

My consideration in this matter was whether the carpet installed at the consumer’s property was ‘as described’ and therefore whether the samples provided by the retailer pre-sale complied with section 13 of the Consumer Rights Act 2015 and, if I considered the samples received and examined in store were different to the carpet installed, what remedy the consumer was entitled to.

In accordance with Section 13 of the Consumer Rights Act 2015:

13 Goods to match a sample

(1)This section applies to a contract to supply goods by reference to a sample of the goods that is seen or examined by the consumer before the contract is made.

(2)Every contract to which this section applies is to be treated as including a term that—

(a)the goods will match the sample except to the extent that any differences between the sample and the goods are brought to the consumer’s attention before the contract is made, and

(b)the goods will be free from any defect that makes their quality unsatisfactory and that would not be apparent on a reasonable examination of the sample.

(3)See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.

When the consumer considered which shade of carpet to purchase, he relied upon samples which were sent to him, along with a sample which he examined in the retailer’s store. He therefore based his purchasing decision on these samples, and then proceeded to place his order on this basis, in satisfaction of the carpet being suitable for his requirements. However, when the carpet was installed, it was obvious that the installation did not provide a match to the samples previously examined, and therefore the goods did not conform to the contract.

As it was accepted by the retailer that the carpet installed did not provide an exact match to those samples examined pre-sale, I was satisfied that the difference in shade was sufficient to cause the retailer to order a replacement, and accordingly that the difference was not ‘negligible’. Whilst the retailer subsequently advised that the shade of the carpet was within ‘tolerance’, the retailer failed to elaborate on this point, nor provide any marker as to what would be considered as ‘within tolerance’. Further, in order for the retailer to have been able to rely upon a ‘tolerance level’, it would have had to have brought this concept to the attention of the consumer pre-purchase, as is made clear in section 13(2)(a) of the Consumer Rights Act 2015.

As it was accepted by the retailer that the carpet was different from the samples, I found that the goods did not conform to the contract, in accordance with section 13(2)(a) of the Act.

As a consequence, I found that the consumer was indeed entitled to a full refund following the uplift and removal of the carpet, together with reimbursement of his fitting fees.

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The Court is likely to continue to evaluate consumers’ right to have their day in court in the coming year. In the decade since the Supreme Court decided AT&T Mobility v. Concepcion , 563 U.S. 333 (2011) , clauses requiring mandatory pre-dispute arbitration and prohibiting class actions have proliferated. In Concepcion , the Court held that the Federal Arbitration Act (FAA) preempted a California law under which class-action bans in arbitration clauses were deemed to violate state public policy and, thus, were unenforceable . Id. at 343. As of 2018, at least half of U.S. households and 25 million employees were subject to mandatory arbitration clauses prohibiting class actions.

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The importance of arbitration clauses in civil litigation, thus, continues undiminished, and two cert petitions pending before the Court provide further opportunities for the Court to clarify the reach of arbitration. Both cases, Viking River Cruises, Inc. v. Moriana (No. 20-1573) , and HRB Tax Group v. Snarr (No. 20-1570) , challenge judicial decisions holding that California laws authorizing plaintiffs to proceed in representative capacities are not preempted by the FAA.

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In Moriana , a plaintiff whose employment contract required her to waive her right to bring a private attorney general action sued her employer under California’s Private Attorneys General Act (PAGA) for allegedly violating California labor law. Moriana v. Viking River Cruises, Inc ., No. B297327, 2020 WL 5584508, at *1 (Cal. Ct. App. Sept. 18, 2020) . Under PAGA, a plaintiff can seek damages against her employer on behalf of herself and other employees if the State declines to intervene in the case. Petition for Writ of Certiorari, at 8, Moriana (20-1573). Those employees receive a quarter of any monetary recovery, with the remaining three-quarters going to the State. Id. at 9. The California Supreme Court has held that Concepcion does not require arbitration of a PAGA claim because such claims represent a dispute between an employer and the State, whereas the aim of the FAA is to ensure efficient resolution of disputes over a litigant’s private rights. Iskanian v. CLS Transportation Los Angeles, LLC , 59 Cal. 4th 348, 384 (Cal. 2014) . (The Ninth Circuit has also rejected a challenge to Iskanian , though on the grounds that PAGA actions do not raise the same efficiency concerns as class actions.) The Viking Cruises cert. petition argues that Iskanian is nearly identical to Concepcion , in that both involved the State declining to enforce an arbitration agreement pursuant to an important public interest and asks the Supreme Court to overrule Iskanian . Petition for Writ of Certiorari, at 2-3, Moriana (20-1573).

The second case, HRB Tax Group v. Snarr , involves a California rule governing “public injunctions,” which are defined as injunctions that have “‘the primary purpose and effect of’ prohibiting unlawful acts that threaten future injury to the general public.’” Snarr v. HRB Tax Group, Inc. , 839 Fed.Appx. 53, 54 (9th Cir. 2020) (quoting McGill v. Citibank, N.A. , 393 P.3d 85, 90 (Cal. 2017)). California case law makes unenforceable a contract that waives the right to seek public injunctive relief in all forums. Snarr , 389 Fed. Appx. at 54. In Snarr , the plaintiff sought a public injunction against HRB, claiming the tax preparation company misleadingly steered tax filers away from a free service and toward a paid one, in violation of California consumer protection laws. Id. at 55. The plaintiff’s arbitration agreement with HRB forbids public injunctions and so is unenforceable under California law, and the Ninth Circuit refused to compel arbitration of the plaintiff’s claim. Id. at 54

In so doing, the court relied on Blair v. Rent-A-Center, Inc. , 928 F.3d 819 (9th Cir. 2019) , a prior circuit case holding that the FAA does not preempt the public-injunction rule. Blair rests on the premises that, unlike the ban on class-action waivers at issue in Concepcion , the public-injunction rule does not single out arbitration and does not undermine the purported efficiency and informality of bilateral arbitration, given that a plaintiff can seek a public injunction in a bilateral arbitration without resort to class-certification procedures. Id . at 827-29

In its petition seeking review of Snarr , HRB rejects these arguments, contending that the rule’s focus on the general public and the higher stakes and complexity at issue undermine the traditional benefits of bilateral arbitration. Petition for Writ of Certiorari, at 16-17, Snarr (No. 20-1573). HRB also argues that, in practice, the public-injunction rule allows plaintiffs to avoid arbitration by seeking public injunctions. Id. at 5. In opposing Supreme Court review, Snarr distinguishes substantively complex claims (like those for a public injunctions) from the procedural complexity at the heart of the Court’s arbitration jurisprudence and notes that the evasion HRB raises can occur only in the particular cases of arbitration provisions drafted as HRB’s is. Respondent’s Brief in Opposition, at 26-27, Snarr (No. 20-1573). Snarr additionally argues that, under Supreme Court precedent, the “FAA does not require enforcement of arbitration provisions that expressly waive statutory claims and remedies,” as HRB’s contract does, and that the public-injunction rule applies equally to all contracts, whether or not they contain arbitration clauses. Id. at 5-6.

If the Supreme Court takes up Viking Cruises or Snarr , we will learn how far the Court is willing to extend its arbitration jurisprudence. Any decisions will have important consequences for consumer litigation in California and other states authorizing private-attorney-general suits and public injunctions.

Ali Naini [email protected]

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John Y. Campbell, Howell E. Jackson, Brigitte C. Madrian & Peter Tufano, The Regulation of Consumer Financial Products: An Introductory Essay with Four Case Studies (HKS Faculty Research Working Paper Series RWP10-040, John F. Kennedy Sch. Gov't, Harv. Univ., Sept. 2010).

Abstract: The recent financial crisis has led many to question how well businesses deliver consumer financial services and how well regulatory institutions address problems in consumer financial markets. In response, the Obama administration proposed a new agency to oversee consumer financial services, and the recently enacted Dodd-Frank Wall Street Reform and Consumer Protection Act embraced the Administration’s proposal by creating the Bureau of Consumer Financial Protection. Other regulatory reforms have been advanced, and in some cases adopted, in recent years, at both the federal and state level. In this paper, we provide an overview of consumer financial markets, detailing the purposes they serve, the extent to which they suffer from market failures or other deficiencies, and the structure of our current system of regulation. To illustrate our analytical framework, we present case studies on retirement savings, residential mortgages, payday lending, and mutual funds. We conclude with a series of observations on the limits of government intervention, suggestions about how to measure whether government intervention is successful, and potentially fruitful lines of future research and data collection.

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In December 1999, the Recording Industry Association of America brought suit against Napster, a peer-to-peer file-sharing company for downloading music. With the new millennium came a spree of other suits against similar companies, with the RIAA often emerging victorious. However, the lawsuits failed to stamp out peer-to-peer downloading, which transitioned to open source software that could not be linked to specific software developers. The lawsuit spree didn’t end either: instead, the recording industry sued the downloaders.

This background note surveys the evolution of peer-to-peer (P2P) file-sharing and copyright infringement suits, and highlights the plight of consumers in the United States’ rare statutory damages regime. Readers will become versed in the precedent cases, the Digital Millennium Copyright Act, and the basic technology of P2P and torrenting. The note sparks readers to envision a future for end users and fair use of digital content.

NOTE: This case is an adaptation of From Sony to SOPA: The Technology-Content Divide , also available from HLS Case Studies.

Learning Objectives

Identify a systematic approach to problem solving when faced with an unresolved issue or new situation.
Understand how the U.S. copyright system works in cases of unauthorized downloads of creative works.
Debate the pros and cons of the current copyright regime.
Consider a defendant’s course of action when faced with a suit or takedown notice.

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Setting

Geographic: United States

Industry: Technology, Music

Event Start Date: 1984

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Top 10 Case Study on Consumer Rights

We know consumer laws and courts exist, but only by reading through some case law can you understand how you as a consumer can exercise your rights!

On an everyday basis, we purchase products and services. From our basic necessities like food and clothing to services like banking and education, we are dependent on companies and organisations to live comfortably in the present day, and we give them our hard-earned money in return. But sometimes, companies might fail to provide quality services or products. Many know there exist consumer courts and laws that protect consumers from consumer exploitation . But have you ever wondered who goes to these courts and what types of cases are filed? You would be surprised to know how basic these cases can be. So, here are 10 interesting case study on consumer rights curated for you.

Table of Contents

Top 10 Case Studies on Consumer Rights

1. banks can’t always escape using ‘technical difficulties’.

We have come to rely on banks so much. A recent case study on consumer rights highlighted the need for stronger regulations. More than ever, most of our transactions are digital and heavily reliant on banks for these. Have you ever had your transaction fail due to the server being down or other errors?

Dipika Pallikal, a squash champion and Arjuna awardee found herself in an awkward situation when she used her Axis Bank Debit Card in a hotel at Netherlands’ Rotterdam failed. She had had 10 times the bill amount in her account at that time. Due to this, she faced a loss of reputation and humiliation. The bank said the incident was a case of ‘ Force Majeure’ (an act of god/ something beyond control)

Apart from that, the bank had also returned a cheque of ₹1 lakh issued to her by the government of India and blamed it on a technical error.

Dipika moved the consumer court in Chennai against Axis Bank

Court Decision

The court found that there was a deficiency of service on the part of Axis Bank and directed the bank to pay a compensation of ₹5 lakh and ₹5000 as expenses.

Key Takeaway

Banks are like any other service provider. We trust them with our money and they must perform the services we were promised. They cannot hide behind ‘technical difficulties’ or ‘ force majeure ’ and let customers suffer for it.

2. You Don’t Have to Be a Celebrity to Win a Consumer Case

A humble tea vendor, Rajesh Sakre, is an example of this. He had ₹20,000 in his State Bank of India account and had withdrawn ₹10,800. On his next visit to the ATM, however, he realized all his money was gone. When he asked the bank authorities they blamed it on him.

So, he went to the District Consumer Disputes Redressal Forum with his grievance. He couldn’t afford a lawyer and he argued the case himself. This case study on consumer awareness presents insights into how consumers are becoming more vigilant.

The forum ruled in his favour and ordered the State Bank of India to return the ₹9,200 with 6% interest, pay ₹10,000 as compensation for mental anguish caused by the issue, and ₹2,000 for legal expenses.

It doesn’t matter who you are, as long as you have a valid case you can approach the Consumer cases Forum. And even big companies and government entities like the State Bank of India can be made to answer for their mistakes.

3. Not All Free Items Are Welcome

Imagine you bought a bottle of Pepsi and found a packet of gutka floating in it! It happened to Rajesh Rajan from Ahmedabad when he bought Pepsi from a local store. He sent a legal notice to the company immediately and approached a Consumer cases Dispute Redressal Forum. Every case study on consumer complaint tells a unique story of a consumer’s journey towards justice.

Moreover, he claimed that there was a deficiency in service that could have caused a health hazard to him. He demanded compensation of ₹5 lakh for the same.

The consumer forum passed an order in favour of Rajesh Rajan and directed the company to pay a total of ₹4008 (₹4000 for compensation and ₹8 for the Pepsi he purchased).

Rajesh moved the State Consumer Dispute Redressal Commission, asking for higher compensation as ₹4008 was too low and that he had spent ₹500 on sample testing itself. The State Commission passed an order asking the company to pay ₹20,000 as compensation and ₹2000 towards costs as it found Rajesh’s argument reasonable.

Free items are not all welcome! It is a deficiency in service on the part of the provider if you find anything in your food (packaged or otherwise) that isn’t supposed to be there. The Consumer Cases Forums are a good place to take them.

4. Paying More Than the MRP? You Shouldn’t.

It has become common to charge more than the maximum retail price (MRP) for packaged goods. Especially in places like theatres, food courts, railway stations, etc we see this happen a lot and mostly ignore it.Among the prominent consumer cases last year, the MRP case stood out for its complexity

Mr Kondaiah from Andhra Pradesh, on the other hand, didn’t ignore it when he noticed that Sarvi Food Court charged him ₹40 for a water bottle where the MRP was ₹20. He filed a case against them in the District Consumer cases Disputes Redressal Forum for ‘unfair trade practice’. He supported his claim by producing the bill. The MRP case study on consumer rights brought to light some gaps in the existing regulations.

The court decided in favour of Mr Kondaiah and said that a practice is not justified just because it is widely common. Mr Kondaiah was awarded a compensation of ₹20,000, ₹20 (the extra money charged) and ₹5,000 in costs.

No authority has the power to charge above the MRP for any packaged goods. It doesn’t matter where it is sold, you are not required to pay a rupee above the MRP.

5. No MRP at All on the Product?

Baglekar Akash Kumar, a 19-year-old got a book and ₹12,500 because of the book. How? He purchased the book online and when it was delivered, he noticed that there was no MRP mentioned in it. He browsed the internet and saw that the book was sold at different prices in different places.

So, he went to the consumer cases forum and filed a case against Penguin Books India Pvt. Ltd and the paper company.

The court held that not publishing MRP on the product without a valid reason is ‘unfair trade practice’. MRP exists to ensure that a consumer is not overcharged for the product. So, it is mandatory for companies to print MRP.

The publishers were asked to print the retail price on the book and Akash was awarded ₹10,000 as compensation and ₹2,500 as costs.

It is required under law for companies to put MRP on every product. If you see a product without MRP, then it is a violation of Consumer cases Protection Laws and you can take them to court.

6. Medical Services Fall Within the Scope of the CPA

Do medical services fall under CPA? When there was a little confusion in this regard, the Indian Medical Association (IMA) decided to get this question resolved once and for all. The CPA case study on consumer rights brought to light some gaps in the existing regulations. The Medical Services case study on consumer complaint became a landmark case in consumer rights advocacy.

IMA approached the Supreme Court, asking them to declare that medical services are out of the scope of the CPA. They gave the following arguments to support their claim:

Medical professionals are governed by their own code of ethics made by the Medical Council of India.
In the medical profession, it is hard to guarantee the end result of treatments. Many external factors which are out of the control of the professional can impact the outcome. So, allowing consumer claims will cause people to file a case whenever a treatment didn’t work out.
There are no medical science experts in the consumer complaints online.
Medical service provided by government hospitals will not fall under the Act especially when the service is provided for free.

These were decent points. After consideration, the court settled the claims in the following manner.

Medical services provided by any professional (private or government) will be covered by CPA. This means people can file a case in a Consumer Court if the service provided is not in confirmation with the Act.

Doctors and hospitals who treat patients for free cannot be sued by a person who availed their services for free.
In a government hospital, where services are provided free of charge – the Consumer Protection Act India would not apply.

Apart from these two exceptions, the Act will apply when a person gets treated in government hospitals for free, when a poor person gets treated for free, and when insurance money is used for treatment.

7. Tired of the False Claims Made by Skin and Hair Care Products Yet?

Maybe you are not tired yet or you are too tired to question. However, a 67-year-old man from Kerala’s remotest areas was tired of these consistent lies and how companies got away with them.

In 2015, K Chaathu complained against Indulekha (beauty product manufacturers) and Mammootty (an actor who was the brand ambassador of the company) for putting up misleading ads. The tagline of the soap was ‘soundaryam ningale thedi varum’ which meant ‘beauty will come in search of you. The ads also claimed that people using the soap will become ‘fair’ and ‘beautiful’ but the 67-year-old didn’t become fair or beautiful.

Funny, right?

Compensation Paid

Indulekha paid him ₹30,000 in an out of the court settlement while the initial claim of Chaathu was ₹50,000. When he was asked about this, he said that this case was never about the money but about how these companies put up advertisements every day with false claims. And it is not okay to let these people get away with it.

Key Takeaways

Advertisements are made to sell the products, so exaggeration of results is too common. But this doesn’t make it okay to make false claims just for the sake of selling the products. Making false claims in violation of the CTA.

8. Homebuyers Are Consumers

Imagine you decide to buy a house (a dream come true for many). You do a lot of research, pool your hard-earned money, and pay a real estate developer to build the house for you. They promise to deliver within 42 months but 4 years later they haven’t even started construction.

This is what happened to two people and they decided to move the National Consumer Disputes Redressal Commission (NCDRC) for it. The Homebuyers case study on consumer rights was instrumental in changing local regulations.

NCDRC decided in favour of the homebuyers and asked the real estate developer to refund the money with a simple interest of 9% per annum. They were also awarded a compensation of ₹50,000 each.

The real estate developer challenged this in the Supreme Court, saying that the issue is covered under another Act (Real Estate (Regulation and Development) Act) and therefore cannot be taken in a consumer court. But the Supreme Court denied their argument saying that as long as the other Act explicitly stops people from getting remedy under other laws, they will be allowed to do so.

Our laws are in such a way that even though there are other remedies available, in most cases where you are a buyer of a product or a service, you will have protection under the Consumer Protection Act.

9. Insurance Claims Cannot be Rejected on Mere Technicalities

We pay the premium and get insurance to protect us from losses we can’t foresee. Sadly, many people have had bad experiences with the insurance company. Om Prakash, for example, had his truck stolen and claimed insurance for the same. The truck was stolen on 23.03.2010, the FIR filed on 24.03.2010, and the insurance claim was filed on 31.03.2010.

The insurance investigator was sent and he confirmed that the claim was genuine. The claim approved for the amount of ₹7,85,000/-. But the amount was never given to Om Prakash. With the rise in consumer court cases , companies are now more cautious about their policies and practices. When he sent the insurance company a legal notice for the same, they replied saying that there was a breach of terms and conditions:

“immediate information to the Insurer about the loss/theft of the vehicle”

Om Prakash was late to apply for insurance because he was held up with the police to try and recover his vehicle.

While the consumer courts didn’t allow his case, the Supreme Court allowed his appeal and held in favour of him. It was ruled that insurance companies cannot escape from paying the claimants on technical grounds. Especially when the claimant has valid reasons for it.

The Court directed the Respondent company to pay a sum of ₹8,35,000/- to the Appellant along with interest @ 8% per annum. He was also awarded ₹50,000 as compensation.

Over the years, many judgements have been made to ensure that insurance companies are accountable and do not escape from paying valid claims. If you experience a similar situation with your insurance provided, you can approach the consumer court.

10. iPhone 5S Gold for ₹68 + ₹10,000

Let’s close the list with a fun one! How would it be to get an iPhone at just ₹68? In 2014, Nikhil Bansal (a student) saw this unbelievable offer on Snapdeal (a discount of ₹46,651) and ordered it immediately as any sane person would. He received an order confirmation but later he was told that the order was cancelled. They claimed that the offer itself was a technical glitch. “The iPhone case study on consumer complaint showcased the challenges consumers face even in today’s digital age.

When he approached the e commerce consumer complaints india Forum, he claimed that these kind of offers are misleading people and it was the duty of Snapdeal to honour the order. The forum ruled in his favour and asked Snapdeal to deliver him the iPhone for ₹68 and asked to pay a compensation of ₹2,000.

When Snapdeal appealed this order, the compensation was raised to ₹10,000!

Key Takeaway – Case Study on Consumer Rights

Ecommerce stores are just as answerable as any other shop owner under the Consumer Protection Act. So if you face any issues like this with them, consider taking it to the consumer court. Through each case study on consumer rights, we can learn more about our rights and responsibilities

Consumer forums exist to protect consumers from consumer exploitation and ensure that we are not cheated by the companies we pay for getting products or services. Knowing your rights is the first step towards becoming a conscious consumer.

Don’t hesitate to approach the consumer court if you have a valid claim of consumer exploitation . Even if it is for an ₹8-product like Pepsi, a valid claim should be taken to the forum.

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Case Study: Collaborating with Sanofi Consumer Healthcare North America on Their Journey to B Corp Certification with Rockridge®

Background:

Sanofi Consumer Healthcare North America, a major player in the consumer healthcare sector, aimed to make a transformative change. Their vision was to transition to a public benefit corporation and secure B Corp Certification. The multifaceted nature of this endeavor necessitated the collaboration of Sanofi’s in-house legal team with a specialized external partner.

Covert legal framework from corporation to Public Benefit Corporation to compliment sustainability team’s work towards B Corp certification. Help multiple in-house teams with communications, negotiations, and structuring.

B Corp Certification

Sanofi Consumer Healthcare

What We Did

Sanofi N.A. proudly became the first consumer products B Corp .

Sanofi CHC North America achieved their goal, transitioning to a statutory public benefit corporation and earning the prestigious B Corp Certification.

The collaboration spotlighted Rockridge®’s ability to work symbiotically with in-house teams and to lead critical external negotiations, emphasizing the value of expertise in both governance mechanics and mission-oriented business negotiations.

Reflection:

Our collaboration with Sanofi CHC underscores Rockridge®’s dual capacity: our ability to dovetail seamlessly with in-house legal teams, and our proficiency in leading mission-critical negotiations with external entities such as B Lab. As sponsors of Nucleate, we bring a wealth of experience from our engagements with groundbreaking biotechs. This, combined with our unique positioning at the nexus of impact and innovation and our trademarked distinction as Technology Lawyers for Good® makes Rockridge® the vanguard for innovative companies. We are primed to guide businesses through intricate processes like structuring strategies to specific state statutes, orchestrating board approvals, formulating shareholder communications, and designing public messaging narratives. Rockridge® stands as the preeminent legal partner for organizations aiming to intertwine profitability with purpose.

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Privacy Overview

Prime energy, sports drinks contain PFAS and excessive caffeine, class action suits say

YouTubers Logan Paul and KSI founded Prime Hydration in 2022, and while their products have become increasingly popular and profitable, the company continues to face class action suits over the ingredients in their energy and sports drinks.

Prime Hyrdation LLC was sued April 8 in the Southern District of New York over "misleading and deceptive practices" regarding the company's 12-ounce energy drinks containing between 215-225 milligrams of caffeine as opposed to the advertised 200 milligrams, according to the class action suit.

Lara Vera, a Poughkeepsie, New York resident, filed the suit in federal court on behalf of herself and others who bought Prime products across the U.S., the complaint says. Vera purchased Prime's Blue Raspberry products several times in August 2022 for about $3 to $4 each, but she would have never bought the drinks if she had known the actual caffeine content, according to the suit.

Vera's suit is seeking $5 million from the company owned by Paul and KSI, real name Olajide Olayinka Williams "JJ" Olatunji, court records show.

Court records do not say whether Prime Hydration retained legal counsel for Vera's suit.

How much caffeine is in Prime energy drinks?

Prime's advertised 200 milligrams of caffeine is equivalent to "half a dozen Coke cans or nearly two (12-ounce) Red Bulls," Vera's class action suit says.

A 12-ounce can of Red Bull energy drink contains 114 milligrams of caffeine, and a cup of coffee contains around 100 milligrams of caffeine, according to the suit.

The suit continues to say that "there is no proven safe dose of caffeine for children." Side effects of kids consuming caffeine could include rapid or irregular heartbeats, headaches, seizures, shaking, upset stomach and adverse emotional effects on mental health, according to the complaint.

Sen. Charles Schumer , D-N.Y., called on the Food and Drug Administration (FDA) to investigate Prime energy drinks in 2023 because of dangerously high caffeine levels. Schumer alleged in a letter to the FDA that vague marketing targeting young people influenced parents to buy a “cauldron of caffeine" for their kids.

Schumer's call to action to the FDA is referenced in Vera's suit.

USA TODAY contacted Prime Hydration's attorneys Tuesday afternoon but did not receive an immediate response.

What are the Prime Hydration lawsuits?

Vera's legal battle is beginning, but Prime is still dealing with another class action suit from 2023 alleging a flavor of the company's sports drinks contains PFAS, or "forever chemicals."

Independent third-party testing determined the presence of PFAS chemicals in Prime Hydration grape flavor, according to a class action suit filed Aug. 2, 2023, in the Northern District of California by the Milberg law firm on behalf of Elizabeth Castillo and others similarly affected.

"Lead plaintiff Elizabeth Castillo, a resident of California, purchased Prime Hydration on multiple occasions but says she would not have bought it at all if the product had been accurately marketed and labeled as containing PFAS," the Milberg law firm said in an August 2023 news release . "These chemicals were not reasonably detectible to consumers like herself."

Castillo's suit is seeking a $5 million judgment, court records show.

As of April 18, the judge in the case has heard Prime's argument to dismiss the suit due to Castillo not alleging "a cognizable injury" and her not alleging "facts showing a concrete (and) imminent threat of future harm," according to the drink company's motion.

Paul addressed Castillo's claims Wednesday in a 3-minute TikTok video.

"First off, anyone can sue anyone at any time that does not make the lawsuit true," Paul said in the TikTok video. "And in this case, it is not… one person conducted a random study and has provided zero evidence to substantiate any of their claims."

What are forever chemicals?

PFAS are called forever chemicals because they "bioaccumulate, or accrue in the body over time," the Milberg law said in its news release.

"These man-made chemicals are well-studied and have been found to have adverse effects on the human body and environment," the New York City-headquartered law firm said.

Many PFAS are found in people's and animal's blood and can be detected at low levels in a variety of food products and in the environment, the U.S. Environmental Protection Agency (EPA) said. Forever chemicals can be found in water, air, fish and soil at locations across the nation and the globe, according to the EPA.

"There are thousands of PFAS chemicals, and they are found in many different consumer, commercial, and industrial products," the EPA said. "This makes it challenging to study and assess the potential human health and environmental risks."

Who made Prime energy drinks?

Before founding Prime Hydration LLC, Logan Paul, 29, and KSI, 30, were YouTubers who turned their millions of subscribers into supporters of their boxing, wrestling, music, social media content and other endeavors.

Going into the drinks business proved to be profitable for both YouTubers as "Prime Hydration generated more than $250 million in retail sales in its first year, including $45 million in a single month," according to the Milberg law firm.

Paul and KSI continue to keep Prime products in the spotlight whether it is paying for an ad during Super Bowl 57 , having livestreamer IShowSpeed dress up in a Prime sports drink bottle during Wrestlemania 40 or signing athletes including Patrick Mahomes, Aaron Judge, Israel Adesanya, Tyreek Hill, Kyle Larson, Alisha Lehmann and others to sponsorship deals.

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What's at stake as the supreme court hears idaho case about abortion in emergencies.

Selena Simmons-Duffin

The Supreme Court will hear another case about abortion rights on Wednesday. Protestors gathered outside the court last month when the case before the justices involved abortion pills. Tom Brenner for The Washington Post/Getty Images hide caption

The Supreme Court will hear another case about abortion rights on Wednesday. Protestors gathered outside the court last month when the case before the justices involved abortion pills.

In Idaho, when a pregnant patient has complications, abortion is only legal to prevent the woman's death. But a federal law known as EMTALA requires doctors to provide "stabilizing treatment" to patients in the emergency department.

The Biden administration sees that as a direct conflict, which is why the abortion issue is back – yet again – before the Supreme Court on Wednesday.

The case began just a few weeks after the justices overturned Roe v. Wade in 2022, when the federal Justice Department sued Idaho , arguing that the court should declare that "Idaho's law is invalid" when it comes to emergency abortions because the federal emergency care law preempts the state's abortion ban. So far, a district court agreed with the Biden administration, an appeals court panel agreed with Idaho, and the Supreme Court allowed the strict ban to take effect in January when it agreed to hear the case.

Supreme Court allows Idaho abortion ban to be enacted, first such ruling since Dobbs

The case, known as Moyle v. United States (Mike Moyle is the speaker of the Idaho House), has major implications on everything from what emergency care is available in states with abortion bans to how hospitals operate in Idaho. Here's a summary of what's at stake.

1. Idaho physicians warn patients are being harmed

Under Idaho's abortion law , the medical exception only applies when a doctor judges that "the abortion was necessary to prevent the death of the pregnant woman." (There is also an exception to the Idaho abortion ban in cases of rape or incest, only in the first trimester of the pregnancy, if the person files a police report.)

In a filing with the court , a group of 678 physicians in Idaho described cases in which women facing serious pregnancy complications were either sent home from the hospital or had to be transferred out of state for care. "It's been just a few months now that Idaho's law has been in effect – six patients with medical emergencies have already been transferred out of state for [pregnancy] termination," Dr. Jim Souza, chief physician executive of St. Luke's Health System in Idaho, told reporters on a press call last week.

Those delays and transfers can have consequences. For example, Dr. Emily Corrigan described a patient in court filings whose water broke too early, which put her at risk of infection. After two weeks of being dismissed while trying to get care, the patient went to Corrigan's hospital – by that time, she showed signs of infection and had lost so much blood she needed a transfusion. Corrigan added that without receiving an abortion, the patient could have needed a limb amputation or a hysterectomy – in other words, even if she didn't die, she could have faced life-long consequences to her health.

Attorneys for Idaho defend its abortion law, arguing that "every circumstance described by the administration's declarations involved life-threatening circumstances under which Idaho law would allow an abortion."

Ryan Bangert, senior attorney for the Christian legal powerhouse Alliance Defending Freedom, which is providing pro-bono assistance to the state of Idaho, says that "Idaho law does allow for physicians to make those difficult decisions when it's necessary to perform an abortion to save the life of the mother," without waiting for patients to become sicker and sicker.

Still, Dr. Sara Thomson, an OB-GYN in Boise, says difficult calls in the hospital are not hypothetical or even rare. "In my group, we're seeing this happen about every month or every other month where this state law complicates our care," she says. Four patients have sued the state in a separate case arguing that the narrow medical exception harmed them.

"As far as we know, we haven't had a woman die as a consequence of this law, but that is really on the top of our worry list of things that could happen because we know that if we watch as death is approaching and we don't intervene quickly enough, when we decide finally that we're going to intervene to save her life, it may be too late," she says.

2. Hospitals are closing units and struggling to recruit doctors

Labor and delivery departments are expensive for hospitals to operate. Idaho already had a shortage of providers, including OB-GYNS. Hospital administrators now say the Idaho abortion law has led to an exodus of maternal care providers from the state, which has a population of 2 million people.

Three rural hospitals in Idaho have closed their labor-and-delivery units since the abortion law took effect. "We are seeing the expansion of what's called obstetrical deserts here in Idaho," said Brian Whitlock, president and CEO of the Idaho Hospital Association.

Since Idaho's abortion law took effect, nearly one in four OB-GYNs have left the state or retired, according to a report from the Idaho Physician Well-Being Action Collaborative. The report finds the loss of doctors who specialize in high-risk pregnancies is even more extreme – five of nine full time maternal-fetal medicine specialists have left Idaho.

Administrators say they aren't able to recruit new providers to fill those positions. "Since [the abortion law's] enactment, St. Luke's has had markedly fewer applicants for open physician positions, particularly in obstetrics. And several out-of-state candidates have withdrawn their applications upon learning of the challenges of practicing in Idaho, citing [the law's] enactment and fear of criminal penalties," reads an amicus brief from St. Luke's health system in support of the federal government.

"Prior to the abortion decision, we already ranked 50th in number of physicians per capita – we were already a strained state," says Thomson, the doctor in Boise. She's experienced the loss of OB-GYN colleagues first hand. "I had a partner retire right as the laws were changing and her position has remained open – unfilled now for almost two years – so my own personal group has been short-staffed," she says.

ADF's Bangert says he's skeptical of the assertion that the abortion law is responsible for this exodus of doctors from Idaho. "I would be very surprised if Idaho's abortion law is the sole or singular cause of any physician shortage," he says. "I'm very suspicious of any claims of causality."

3. Justices could weigh in on fetal "personhood"

The state of Idaho's brief argues that EMTALA actually requires hospitals "to protect and care for an 'unborn child,'" an argument echoed in friend-of-the-court briefs from the U.S. Conference of Catholic Bishops and a group of states from Indiana to Wyoming that also have restrictive abortion laws. They argue that abortion can't be seen as a stabilizing treatment if one patient dies as a result.

Thomson is also Catholic, and she says the idea that, in an emergency, she is treating two patients – the fetus and the mother – doesn't account for clinical reality. "Of course, as obstetricians we have a passion for caring for both the mother and the baby, but there are clinical situations where the mom's health or life is in jeopardy, and no matter what we do, the baby is going to be lost," she says.

The Idaho abortion law uses the term "unborn child" as opposed to the words "embryo" or "fetus" – language that implies the fetus has the same rights as other people.

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The science of ivf: what to know about alabama's 'extrauterine children' ruling.

Mary Ziegler , a legal historian at University of California - Davis, who is writing a book on fetal personhood, describes it as the "North Star" of the anti-abortion rights movement. She says this case will be the first time the Supreme Court justices will be considering a statute that uses that language.

"I think we may get clues about the future of bigger conflicts about fetal personhood," she explains, depending on how the justices respond to this idea. "Not just in the context of this statute or emergency medical scenarios, but in the context of the Constitution."

ADF has dismissed the idea that this case is an attempt to expand fetal rights. "This case is, at root, a question about whether or not the federal government can affect a hostile takeover of the practice of medicine in all 50 states by misinterpreting a long-standing federal statute to contain a hidden nationwide abortion mandate," Bangert says.

4. The election looms large

Ziegler suspects the justices will allow Idaho's abortion law to remain as is. "The Supreme Court has let Idaho's law go into effect, which suggests that the court is not convinced by the Biden administration's arguments, at least at this point," she notes.

Trump backed a federal abortion ban as president. Now, he says he wouldn't sign one

Whatever the decision, it will put abortion squarely back in the national spotlight a few months before the November election. "It's a reminder on the political side of things, that Biden and Trump don't really control the terms of the debate on this very important issue," Zielger observes. "They're going to be things put on everybody's radar by other actors, including the Supreme Court."

The justices will hear arguments in the case on Wednesday morning. A decision is expected by late June or early July.

Correction April 23, 2024

An earlier version of this story did not mention the rape and incest exception to Idaho's abortion ban. A person who reports rape or incest to police can end a pregnancy in Idaho in the first trimester.

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What's EMTALA, the Patient Protection Law at the Center of Supreme Court Abortion Arguments?

The Supreme Court will hear arguments Wednesday in a case that could determine whether doctors can provide abortions to pregnant women with medical emergencies in states that enact abortion bans

What's EMTALA, the Patient Protection Law at the Center of Supreme Court Abortion Arguments?

Alex Brandon

File - The Supreme Court is seen on Friday, April 21, 2023, in Washington. The Supreme Court will again wade into the fractious issue of abortion when it hears arguments Tuesday, March 26, 2024, over mifepristone, a medication used in the most common way to end a pregnancy, for a case with profound implications for millions of women no matter where they live in America and, perhaps, the race for the White House. (AP Photo/Alex Brandon, File)

WASHINGTON (AP) — The Supreme Court will hear arguments Wednesday in a case that could determine whether doctors can provide abortions to pregnant women with medical emergencies in states that enact abortion bans.

The Justice Department has sued Idaho over its abortion law, which allows a woman to get an abortion only when her life — not her health — is at risk. The state law has raised questions about when a doctor is able to provide the stabilizing treatment that federal law requires.

The federal law, called the Emergency Medical Treatment and Active Labor Act , or EMTALA, requires doctors to stabilize or treat any patient who shows up at an emergency room.

Here’s a look at the history of EMTALA, what rights it provides patients and how a Supreme Court ruling might change that.

WHAT PROTECTIONS DOES EMTALA PROVIDE ME AT AN ER?

Simply put, EMTALA requires emergency rooms to offer a medical exam if you turn up at their facility. The law applies to nearly all emergency rooms — any that accept Medicare funding.

Photos You Should See - April 2024

A Deori tribal woman shows the indelible ink mark on her finger after casting her vote during the first round of polling of India's national election in Jorhat, India, Friday, April 19, 2024. Nearly 970 million voters will elect 543 members for the lower house of Parliament for five years, during staggered elections that will run until June 1. (AP Photo/Anupam Nath)

Those emergency rooms are required to stabilize patients if they do have a medical emergency before discharging or transferring them. And if the ER doesn’t have the resources or staff to properly treat that patient, staff members are required to arrange a medical transfer to another hospital, after they’ve confirmed the facility can accept the patient.

So, for example, if a pregnant woman shows up at an emergency room concerned that she is in labor but there is no OB/GYN on staff, hospital staff cannot simply direct the woman to go elsewhere.

WHY WAS THIS LAW CREATED?

Look to Chicago in the early 1980s.

Doctors at the city’s public hospital were confronting a huge problem: Thousands of patients, many of them Black or Latino, were arriving in very bad condition — and they were sent there by private hospitals in the city that refused to treat them. Most of them did not have health insurance.

Chicago wasn’t alone. Doctors working in public hospitals around the country reported similar issues. Media reports, including one of a pregnant woman who delivered a stillborn baby after being turned away by two hospitals because she didn’t have insurance, intensified public pressure on politicians to act.

Congress drafted legislation with Republican Sen. David Durenberger of Minnesota saying at the time , “Americans, rich or poor, deserve access to quality health care. This question of access should be the government’s responsibility at the federal, state, and local levels.”

Then-President Ronald Reagan, a Republican, signed the bill into law in 1986.

WHAT HAPPENS IF A HOSPITAL TURNS AWAY A PATIENT?

The hospital is investigated by the Centers for Medicare and Medicaid Services. If they find the hospital violated a patient’s right to care, they can lose their Medicare funding, a vital source of revenue for most hospitals to keep their doors open.

Usually, however, the federal government issues fines when a hospital violates EMTALA. They can add up to hundreds of thousands of dollars.

WHY IS THE SUPREME COURT LOOKING AT THE LAW?

Since the Supreme Court overturned the constitutional right to an abortion, President Joe Biden, a Democrat, has repeatedly reminded hospitals that his administration considers an abortion part of the stabilizing care that EMTALA requires facilities to provide.

The Biden administration argues that Idaho’s law prevents ER doctors from offering an abortion if a woman needs one in a medical emergency.

But Idaho’s attorney general has pointed out that EMTALA also requires hospitals to consider the health of the “unborn child” in its treatment, too.

WHAT ARE ADVOCATES SAYING?

Anti-abortion advocates argue that state laws banning abortion can coexist with the federal law that requires hospitals to stabilize pregnant patients in an emergency.

The prominent anti-abortion group Susan B. Anthony Pro-Life America called the lawsuit in Idaho a “PR stunt,” in a statement to The Associated Press on Tuesday.

“The EMTALA case is based on the false premise that pregnant women cannot receive emergency care under pro-life laws," said Kelsey Pritchard, the group’s state public affairs director. "It is a clear fact that pregnant women can receive miscarriage care, ectopic pregnancy care and treatment in a medical emergency in all 50 states."

But many doctors say it’s not as clear cut as anti-abortion advocates claim. Idaho’s state law banning abortion, except for the life of the mother, has left some doctors weighing if a patient is close enough to death to treat.

Most other states allow doctors to perform abortions to save the health of a mother. But, if the Supreme Court rules in Idaho’s favor, it could invite other states to pass restrictions without that exemption.

In a statement released Monday, Jack Resneck, the former president of the American Medical Association, said Idaho’s law forces doctors to withhold proper treatment for patients.

The state’s “dangerous standard cannot be applied to the real-life situations faced in emergency departments every day,” Resneck said. “There is no bright line when each patient’s condition suddenly reaches “life-threatening,” and deteriorating patients don’t want their physicians delaying care.”

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A large global retailer suffered a high-impact network breach that resulted in a costly extended outage and ongoing investigations.

After the initial assessment had been resolved, the executive team asked AlixPartners to investigate the response as well as the level and capabilities of cybersecurity. What they wanted to know was whether risk had been managed appropriately.

AlixPartners was brought in independently of cybersecurity, working with the internal audit team to provide an independent view and recommendations. Our approach encompassed a mixture of questionnaires, business-focused interviews with executives, technical interviews, document assessments, as well as working with other risk functions. We reviewed the incident, controls, and process that had allowed the attack to succeed, as well as the responses.

Through interviews and artifact analysis, we were able to create a timeline of the incident with failed or missing controls showing multiple missed opportunities to prevent the attack. Using the National Institute of Standards & Technology Cybersecurity Framework (NIST CSF), we assessed the cyber controls and were able to identify significant weaknesses. Looking deeply at key assets, we demonstrated that the company had been exposed to significant risk, well outside of the risk tolerance. That had to be remedied.

We developed a three-stage remediation plan with immediate risk reduction and medium- and long-term actions to bring assets within risk tolerance. We developed a new structure for cyber and risk management, creating governance over cyber.

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