SAN JOSE, Calif. (Legal Newsline) - A California man is suing a food company, alleging it misrepresents its octopus products.
Luis Diego Zapata Fonseca of Salinas, individually and for all others similarly situated, filed a class action lawsuit May 11 in U.S. District Court for the Northern District of California San Jose Division against Goya Foods Inc., alleging breach of express and implied warranties, unjust enrichment, negligent misrepresentation, fraud, and violations of California's Consumer Legal Remedies Act, its Unfair Competition Law, and the state's False Advertising Law.
The suit alleges Goya labels and sells several octopus products as containing octopus. In reality, the lawsuit state, the products actually contain jumbo squid, which is significantly cheaper and lower in quality than octopus.
Fonseca and others in the class seek a jury trial, compensatory and punitive damages, interest, restitution, injunctive relief, attorney fees and costs of the suit. They are represented by attorneys L. Timothy Fisher of Bursor & Fisher in Walnut Creek, California, and James P. Gitkin of Salpeter Gitkin in Fort Lauderdale, Florida.
U.S. District Court for the Northern District of California San Jose Division Case number 5:16-CV-02559-HRL