NEW YORK (Legal Newsline) – A New York woman is suing a specialty grocery chain over claims it underfills its cans of tuna.
Sarah Magier, individually and for all others similarly situated, filed a class-action lawsuit Jan. 5 in the U.S. District Court for the Southern District of New York against Trader Joe's Co. and Trader Joe's East, alleging breach of express and implied warranties, unjust enrichment, negligent misrepresentation, fraud and violations of New York business and professional codes.
The suit states the defendants cheated customers by underfilling their 5-ounce cans of Trader Joe's store-brand tuna.
According to the suit, several independent tests confirmed the 5-ounce cans contained less than 3 ounces of tuna in most cases, below the federally mandated minimum standard of fill.
Magier and others in the class seek compensatory and punitive damages, interests, restitution, injunctive relief, attorney fees and costs of the suit, together to exceed $5 million. They are represented by attorneys Scott A. Bursor, Joseph I. Marchese, Joshua D. Arisohn and Neal D. Deckant of Bursor & Fisher in New York City.
U.S. District Court for the Southern District of New York Case number 1:16-CV-00043-PGG