NEW YORK (Legal Newsline) - A New York consumer is suing a yogurt company, alleging it misrepresents certain of its products.
Timothy Condon of Dutchess County and John Does 1-100, individually and for all others similarly situated, filed a class action lawsuit March 29 in U.S. District Court for the Southern District of New York against Commonwealth Dairy LLC, alleging violations of the New York General Business Law, violations of consumer protection statutes in several states, breach of express and implied warranties, violation of the Magnuson-Moss Warranty Act, unjust enrichment, and negligent misrepresentation.
The suit states Commonwealth Dairy markets and advertises certain of its Yo-Yummy Grade A yogurt products as being "all natural" and/or containing "only natural ingredients." However, the suit alleges, these products actually contain various artificial and synthetic ingredients.
As a result, the complaint says, consumers paid a premium based on the defendant's misrepresentations.
The plaintiffs and others in the class seek a jury trial, injunctive relief, monetary damages, treble and punitive damages, attorney fees and other costs of the suit. They are represented by attorney Jason P. Sultzer of The Sultzer Law Group PC in Poughkeepsie, New York.
U.S. District Court for the Southern District of New York Case number 7:16-CV-02295-VB