SAN JOSE, Calif. (Legal Newsline) - A California consumer is suing a food company, alleging it misrepresents its octopus products.
Luis Diego Zapata Fonseca, individually and for all others similarly situated, filed a class action lawsuit April 19 in U.S. District Court for the Northern District of California San Jose Division against Vigo Importing Co., alleging breach of express and implied warranties, unjust enrichment, negligent misrepresentation, fraud, and violation of California's Consumer Legal Remedies Act, its Unfair Competition Law and its False Advertising Law.
The suit alleges Vigo has labeled and sold its octopus products as octopus when the products actually contain jumbo squid, which is significantly cheaper and lower in quality than octopus. As a result, consumers paid a premium price for a lower-quality product, the complaint says.
Fonseca and others in the class seek a jury trial, declaratory and injunctive relief, compensatory and punitive damages, interest, restitution, attorney fees and costs of the suit. They are represented by attorneys L. Timothy Fisher and Julia A. Luster of Bursor & Fisher in Walnut Creek, California, and James P. Gitkin of Salpeter Gitkin in Fort Lauderdale, Florida.
U.S. District Court for the Northern District of California San Jose Division Case number 5:16-CV-02055-NC