ROCHESTER, N.Y. (Legal Newsline) — The makers of Pur gum are facing a class action alleging their peppermint gum does not actually contain peppermint.
Marykae Davis, individually and on behalf of all others similarly situated, filed a complaint Oct. 10 in the U.S. District Court for the Western District of New York against The Pur Company USA Inc., alleging violation of state consumer fraud acts and other claims.
Davis alleges in the class action that Pur is misleading consumers with the packaging of its peppermint gum. Specifically, Davis claims the gum's "primary or characterizing" flavor is peppermint, but Pur is falsely representing the product as "peppermint" and from peppermint ingredients. She alleges the ingredient list on the edge of the package is in small print and does not identify any peppermint ingredients.
Davis further alleges Pur sells the gum at a higher price "than it would have in the absence of this misconduct" due to the false and misleading representations on the product's label. Davis claims the gum does not conform to its "affirmations of fact and promises" and that consumers expect the gum to contain the peppermint ingredient. She claims Pur took advantage of consumers who relied on the negligent misrepresentations and omissions on the gum's packaging.
Davis and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York.
U.S. District Court for the Western District of New York Rochester Division case number 6:22-CV-06430-DGL