Jenie Mallari-Torres Aug. 30, 2016, 2:46pm


LOS ANGELES (Legal Newsline) — A Los Angeles man is suing an energy foods business, alleging false advertising and unjust enrichment.

Tomas Johnson filed a class action lawsuit, individually and on behalf of a class of similarly situated individuals, Aug. 19 in U.S. District Court for the Central District of California against EN-R-G Foods LLC, doing business as Honey Stinger, EN-R-G Holdings Inc. and Does 1-5, alleging violation of the California Commercial Code, California Civil Code and California Business and Professions Code.

According to the complaint, Johnson and a class and subclass of purchasers bought defendants' product labeled as "Honey Stinger Gluten Free Organic Maple Waffles," falsely believing it contains maple syrup, as a result of the defendants’ claim. The suit says the plaintiffs have suffered actual monetary damages in the form of premium price paid for the product because it does not contain maple syrup. 

The plaintiff alleges the defendants deceived consumers into making a purchase based on misrepresentations, gained profit by using misleading marketing tactics and intentionally mislabeled a product to increase sales.

Johnson seeks a trial by jury, an order certifying the class and subclass, damages, corrective advertising, court costs, attorney fees, interest and all relief the court deems just. The plaintiffs are represented by attorneys David C. Parisi and Suzanne Havens Beckman of Parisi & Havens LLP in Santa Monica; Yitzchak H. Lieberman of Parasmo Lieberman Law in Los Angeles; and Zack Broslavsky and Jonathan A. Weinman of Broslavsky & Weinman LLP in Los Angeles.

U.S. District Court for the Central District of California Case number 16-cv-06258

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