LOS ANGELES (Legal Newsline) - A California woman is suing a food company, alleging it misrepresents the nature of a key ingredient in its products.
Kimberly Birbrower, individually and for all others similarly situated, filed a class action lawsuit Feb. 26 in U.S. District Court for the Central District of California Western Division against Quorn Foods and Does 1-100, alleging fraud/fraudulent concealment and violations of California's Consumer Legal Remedies Act, its Unfair Business Practices Act, and its False Advertising Law.
The suit alleges Quorn misrepresents on its product packaging that "mycoprotein," the main ingredient in all of the company's products, is the same or substantially similar to a mushroom, truffle, or morel. The complaint states Quorn invented the term "mycoprotein" to mislead consumers and hide the fact that its products are actually made of mold.
Birbrower and others in the class seek injunctive relief, restitution, actual and punitive damages, disgorgement, constructive trust, interests, attorney fees and other costs of the suit. They are represented by attorneys Jason M. Frank and Scott H. Sims of Eagan Avenatti in Newport Beach, California, and attorneys Eric F. Yuhl and Colin A. Yuhl of Yuhl Carr in Marina del Ray, California.
The defendant filed to transfer the case to federal court because there are 100 or more members in the proposed class, at least some of the class members have different citizenship from Quorn, and the amount in controversy exceeds $5 million.
U.S. District Court for the Central District of California Western Division Case number 2:16-CV-01346-DMG-AJW