A woman brought a class action lawsuit on behalf of herself and other New York State consumers against a New Jersey-based food manufacturer doing business in New York, claiming product misrepresentation.
Maureen Jones sued John Wm. Macy Cheesesticks Inc., in the Supreme Court of the State of New York, Kings County District on Aug. 28, claiming fraudulent product representation in at least three products.
The suit states that the defendant’s cheese crisps, cheese sticks and sweet sticks, snack food products manufactured by Macy, were marketed as all natural in an effort to appeal to health-conscious consumers who wish to purchase foods free of artificial or synthetic ingredients.
According to the complaint, all flavors and sizes of each product type contain the synthetic ingredients thiamine mononitrate, niacin, reduced iron, riboflavin and folic acid.
Jones argues that the defendant uses the term all natural to fool consumers into believing that the foods contain no synthetic ingredients when in fact they do. The suit states that Macy has misled and deceived consumers and violated consumer protection laws.
Additionally, she asserts, shoppers were tricked into paying higher prices for these items, and would not have purchased them if they knew the truth. Claiming she was induced into paying premium prices, Jones alleges lost money.
Claiming violation of New York General Business Law, breach of express and implied warranty, and unjust enrichment, the plaintiff seeks injunctive relief, compensation for damages, attorneys’ fees, expenses, and costs. She is represented by Joseph Lipari, Jason Sultzer and Jean Sedlak of the Sultzer Law Group in New York, NY.
Supreme Court of the State of New York, Kings County District case number 1:15-cv-05054-JG-RER