9.1     The preceding factual statements and allegations are incorporated herein by reference.

9.2     The Defendants violated the Texas Deceptive Trade Practices Act because Defendants engaged in false, misleading, and deceptive acts or practices that Plaintiffs and all class members relied on to their detriment in violation of TEX.BUS. & COM. CODE §§ 17.46(B) and 1750(A)(1). Specifically Defendants:

a.     caused confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods;

b.     represented that goods have sponsorship, approval, characteristics, ingredients, uses benefits or qualities that they do not have;

c.     falsely represented that goods are of a particular standard, quality or grade; and

d.     failed to disclose information concerning goods that was known at the time of the transaction and this failure to disclose the information was intended to induce consumers into transactions which consumers would not have entered into had the information been disclosed.

9.3     Plaintiffs further allege that Defendants violated the Texas Deceptive Trade Practices Act because Defendants breached express and/or implied warranties concerning their products.

9.4     Plaintiffs further allege that Defendants’ actions and behavior constitute an unconscionable course of action, as that term is defined in the DTPA.

****
Lawsuit Sections

 [ Site Map ]