LOS ANGELES (Legal Newsline) – A Brea, Calif. resident, along with two others, is leading a lawsuit against Wal-Mart over what they claim is lack of pork in one of its canned products.
Matthew Tye of Brea, Harry Schmoll of Cherry Hill, N.J., and Michael Wilcox of Philadelphia, on behalf of themselves and others similarly situated, has filed a class action lawsuit on Oct. 7 in the U.S. District Court for the Central District of California against Wal-Mart Stores Inc. and Wal-Mart Stores East, LP, citing breach of warranty, unjust enrichment, and violations of California, Pennsylvania and New Jersey law.
The plaintiffs allege that Walmart’s store-brand Great Value Pork and Beans in Tomato Sauce actually contains no pork. They argue that customers who have bought the product between Oct. 7, 2009, to present have been misled and the product contains no actual traces of pork, despite the inclusion of the word pork in the title and in the list of ingredients. The complaint states that "rigorous scientific testing, including microscopic and chemical analysis, has revealed that the product contains no pork whatsoever." Thus, each and every can of Great Value Pork and Beans in Tomato Sauce is false and misleading, the complaint states.
The plaintiffs are demanding a trial by jury and are suing for damages with interest, enjoining the Defendant from practicing or continuing its deceptive labeling, court costs and attorney fees, and other rewards deemed just by the court. They are being represented by attorneys Todd M. Friedman of the Law Offices of Todd M. Friedman in Beverly Hills, Calif. and Stephen P. DeNittis of the law office of DeNittis Osefchen, P.C. in Marlton, N.J.
U.S. District Court for the Central District of California case number 8:15-cv-01615-DOC-JCG