WHITE PLAINS, N.Y. (Legal Newsline) – Two consumers have filed a class action over claims that cookie dough products were deceptively advertised as being safe to eat and would not cause illness.
Julia Canigiani and Katherine Byrne filed a complaint individually and on behalf of all others similarly-situated on Sept. 21 in the U.S. District Court for the Southern District of New York against Cookie Do Inc. alleging violation of New York General Business Law.
According to the complaint, the defendant's store in New York sells edible raw cookie dough products, including scoops of cookie dough and milkshakes. The plaintiffs allege that the defendants advertise the product as being safe to eat, including a statement on its website that says that there is "no chance of food-borne illness or the risk that comes along with eating raw flour products."
The plaintiffs claim they became sick after consuming the defendants' products in March.
The plaintiffs hold Cookie Do Inc. responsible because the defendant allegedly enriched itself by deceptively advertising that its products have no chance of illness, and failed to offer compensation to consumers to remedy their damages.
The plaintiffs request a trial by jury and seek judgment against the defendant for actual, general, special, incidental, statutory, punitive, treble and consequential damages; appoint plaintiffs and counsel as class representative and class counsel; interest; attorneys' fees; costs; and further relief as the court deems just. They are represented by Brittany Weiner of Imbesi Law PC in New York.
U.S. District Court for the Southern District of New York case number 17-C-7182