PHILADELPHIA – A class action lawsuit against a New Jersey food distributor over the allegedly deceptive characterization of its vanilla-flavored almond milk has been discontinued.
Tara Quarles (on behalf of herself and all others similarly situated) of Philadelphia first 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 stated.
“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 added 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.
UPDATE
On July 8, counsel for plaintiff Quarles filed a praecipe to voluntarily discontinue the case.
“Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), plaintiff Tara Quarles hereby gives notice that she voluntarily dismisses the above-captioned action without prejudice,” the notice read.
As a result, an upcoming hearing in the case scheduled for July 22 before U.S. District Court for the Eastern District of Pennsylvania Judge Paul S. Diamond was cancelled.
The plaintiffs were represented by Steffan T. Keeton of The Keeton Firm, in Pittsburgh.
The defendant did not secure 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