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Monday, December 9, 2019

Lawsuit: Walmart-brand LED light bulbs falsely promoted as Energy Star-qualified

Federal Court

By Marian Johns | Nov 25, 2019

Walmart

RIVERSIDE, Calif. (Legal Newsline) – A California woman has filed a lawsuit against Walmart alleging that its Great Value-brand LED light bulbs are falsely promoted and labeled as Energy Star-qualified. 

Francis Pargett, individually and on behalf of all others similarly situated, filed a complaint Nov. 8 in the U.S. District Court for the Central District of California against Walmart Stores Inc. alleging breach of express warranty, breach of implied warranty of merchantability, unjust enrichment, fraud and violation of California's Consumers Legal Remedies Act, Unfair Competition Law and False Advertising Law and other counts.

The suit states Energy Star-qualified bulbs are required to exceed minimum standards for energy efficiency by the U.S. Department of Energy (DOE) and that "they come with the promise of reduced energy bills."

The suit states the DOE and/or the Environmental Protection Agency disqualified the defendant's lightbulbs earlier this year and required the defendant to cease labeling and shipping the products with the Energy Star logo.

The plaintiff claims the defendant's mislabeled LED bulbs do not reduce utility bills and that consumers "were hit with a costly double-whammy: a higher up-front price due to the substantial price premium that Energy Star LED bulbs command in the marketplace, followed by higher utility bills over the LED bulbs’ useful life since its actual energy consumption is substantially higher than what was promised."

The plaintiff seeks statutory, compensatory and punitive damages, a trial by jury and all other relief deemed proper. The plaintiff is represented by L. Timothy Fisher and Neal Deckant of Bursor & Fisher PA in Walnut Creek, California, and Scott Bursor and Sarah Westcot of Neal Deckant of Bursor & Fisher PA in Miami. 

U.S. District Court for the Central District of California case number 5:19-CV-2157

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U.S. District Court for the Central District of California Eastern Division

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