Lawsuit alleges Old Fashioned Kitchen misrepresents potato product

By Legal News Line | Dec 10, 2015

ST. LOUIS, Mo. (Legal Newsline) – A St. Louis woman is suing a New Jersey frozen food products company over claims certain products the company sells are misrepresented as "all natural."

Laura McNamee, individually and for all others similarly situated in Missouri, filed a class action lawsuit April 2 in St. Louis Circuit Court against The Old Fashioned Kitchen, alleging unjust enrichment and violations of Missouri's Merchandising Practices Act.

In February 2015, the suit states, McNamee bought Golden Potato Blintzes at Fields Foods.

On the label, Old Fashioned Kitchen represents the product is "all natural," but the suit claims the product contains sodium acid pyrophosphate, a synthetic chemical used to remove iron stains in leather products, to de-feather poultry and as an oil drilling fluid.

The suit alleges the FDA has said this synthetic chemical has no place in supposed "all natural" products.

As a result, McNamee and others in the class suffered losses from purchasing the product at a premium value.

McNamee and others in the class seek compensatory damages, including costs, interests and attorney fees, not to exceed $75,000 per class member or $5 million for the entire class. They are represented by attorney Matthew H. Armstrong of Armstrong Law Firm in St. Louis.

The defendant filed Nov. 30 to have the case removed to the U.S. District Court for the Eastern District of Missouri because the proposed class consists of 100 or more members, the parties are minimally diverse and the amount in controversy exceeds $5 million, exclusive of interests and costs.

St. Louis Circuit Court Case number 4:15-CV-01766-RWS

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