LITIGATION UPDATES – JUNE 2015

DOES FITBIT CAUSE SKIN DAMAGE?

Fitness tech maker Fitbit Inc. was hit with a complaint in California state court claiming that two of its newly released activity monitors have manufacturing defects that cause skin rashes, burns and nerve damage.  A group of seven plaintiffs from throughout the country, including Florida, California and Texas, claim that the Fitbit Surge and the Fitbit Charge HR — wireless devices that are worn on the wrist — pose health and safety hazards, including tissue damage, blistering and scarring, when worn as intended.

NEW CALIFORNIA WATER REGULATIONS

On April 1, 2015, California Gov. Jerry Brown issued a landmark executive order mandating water cutbacks for urban residents to address the state’s historic drought. Gov. Brown directed the State Water Resources Control Board to impose restrictions to achieve a statewide 25 percent reduction in potable urban water usage as compared to the amount used in 2013, and to work with state agencies and water suppliers to facilitate the adoption of rate structures and pricing mechanisms to promote water conservation.

 MATERNITY STORE GIFT CARD SETTLEMENT DENIED

A California federal judge shot down a settlement Monday that would have awarded $25 gift cards to a proposed class of Destination Maternity Corp. customers who claim the company’s stores unlawfully requested their phone numbers when they paid with credit cards.

U.S. District Judge George King said named plaintiff Alana Schwartz needed to explain why certain class members were included or excluded, and why the requested $25 gift card for each member was a fair award when California Civil Code violations could merit $250 for a violation and up to $1,000 for subsequent violations.