PHILADELPHIA – A Philadelphia woman has filed a class action lawsuit against food distributor over the allegedly deceptive characterization of its vanilla-flavored almond milk.
Tara Quarles (on behalf of herself and all others similarly situated) of Philadelphia filed suit in the U.S. District Court for the Eastern District of Pennsylvania on March 29 versus Wakefern Food Corporation, of Keasbey, N.J.
“Defendant deceptively represents the product’s ‘characterizing’ flavor as vanilla. Plaintiff relied upon this representation when she purchased the product. Plaintiff’s interpretation of defendant’s representation was reasonable. Consistent with this reasonable belief, federal agencies have crafted regulations to protect consumers from deceptive vanilla representations,” the suit states.
“Because the representations indicate the product’s main or ‘characterizing’ flavor is vanilla, from the multiple use of the word ‘Vanilla’ and multiple pictures of the vanilla flower and vanilla pods, federal and state regulations require that the front label must truthfully disclose to consumers the source of that flavor.”
According to the litigation, based on (1) The absence of qualifying flavor statements such as “naturally flavored,” “other natural flavor” and “artificially flavored” and (2) The presence of the words “Vanilla” and multiple pictures of the vanilla flower and pods, consumers get the impression that the product’s flavoring is sourced only from the natural flavor of vanilla and does not contain artificial flavors.
The suit adds the plaintiff and class members relied on these representations and were injured both in the price paid for the product, as well as the premium paid for the product over a similar product not bearing this deceptive representation.
“Defendant's conduct violated and continues to violate the Unfair Trade Practices and Consumer Protection Law for the Commonwealth of Pennsylvania. Defendant has been and continues to be unjustly enriched. Accordingly, plaintiff brings this action against defendant on behalf of herself and class members who purchased the products during the applicable statute of limitations period,” per the suit.
For counts of violating the Unfair Trade Practices and Consumer Protection Law and unjust enrichment, the plaintiffs are seeking various reliefs:
• An order certifying the class under Rule 23 of the Federal Rules of Civil Procedure and naming plaintiff as representative of the class and plaintiff’s attorneys as class counsel to represent the members of the class;
• An order declaring the defendant’s conduct violates the statutes and laws referenced herein;
• An order awarding, as appropriate, compensatory and monetary damages, restitution or disgorgement to plaintiff and the class for all causes of action;
• An order requiring defendant to immediately cease and desist from selling its misbranded product in violation of law; enjoining defendant from continuing to label, market, advertise, distribute, and sell the products in the unlawful manner described herein; and ordering defendant to engage in corrective action;
• For pre-judgment and post-judgment interest on all amounts awarded;
• An order awarding punitive damages and;
• An order awarding attorneys’ fees, expenses, costs of suit and a trial by jury.
The plaintiffs are represented by Steffan T. Keeton of The Keeton Firm, in Pittsburgh.
The defendant has not yet secured legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 2:21-cv-01488
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com