WASHINGTON, D.C. (Legal Newsline) - A Washington, D.C. man is suing a whey protein powder manufacture for alleged deceptive packaging and misleading the customer.
Shawn M. Smith filed a lawsuit in Sept. 25 in the Civil Division of the Superior Court of the District of Columbia against Abbott Laboratories, doing business as Abbott Nutrition Co., citing deceptive practices in their products.
According to the complaint, Smith purchased a product made by Abbott Laboratories, EAS 100% Whey Protein, on April 15. The plaintiff alleges that the container in which the product was placed was opaque and sealed, which denied access for prior examination or inspection. Upon opening the container, Smith claims to have found non-functional slack-fill, which is the area of empty space in a container. The plaintiff alleges that the packaging is inherently deceptive and unlawful.
Smith is suing for an injunction barring Abbott from producing such misleading products, additional relief to restore his consumer money, punitive damages, and court fees. He is demanding a jury trial and is represented by Jonathan B. Nace of Paulson & Nace PLLC, Christopher T. Nidel of Nidel Law PLLC, Nicolas A. Migliaccio of Whitfield Bryson & Mason LLP, all of in Washington, D.C., and Steven J. German of German Rubenstien LLP in New York City.
Superior Court for the District of Columbia Civil Division case number 1:15-cv-01572-RJL