EUREKA, Calif. (Legal Newsline) - A California consumer is suing a food company, alleging it under-fills its tuna cans.
Heney Shihad, individually and for all others similarly situated, filed a class action lawsuit March 25 in U.S. District Court for the Northern District of California Eureka Division against Wild Planet Foods Inc. and Does 1-25, alleging breach of express and implied warranties, fraud, negligent misrepresentation, and violations of California's Unfair Competition Law and False Advertising Law.
The suit alleges independent testing by the National Oceanic and Atmospheric Administration has determined Wild Planet's Wild Planet tuna fails to comply with federally mandated minimum standards. Specifically, the complaint states Wild Planet regularly under-fills its 5-ounce cans of tuna.
Shihad and others in the class seek a jury trial, declaratory and injunctive relief, compensatory and punitive damages, restitution, attorney fees and costs of the suit. They are represented by attorneys Reuben D. Nathan of Nathan & Associates APC in Newport Beach, California, and Ross Cornell of the Law Offices of Ross CornellAPC in Long Beach, California.
U.S. District Court for the Northern District of California Eureka Division Case number 4:16-CV-01478-JSW