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LEGAL NEWSLINE

Friday, March 29, 2024

Consumer accuses food manufacturer of unfair marketing practices

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EAST ST. LOUIS — A Monroe County woman is suing a food manufacturer, alleging deceptive, unfair and false practices, plus unjust enrichment.

Diane Biffar filed a class action lawsuit, individually and on behalf of all others similarly situated, Aug. 2 in U.S. District Court for the Southern District of Illinois against Pinnacle Foods Group LLC, alleging violation of the Illinois Consumer Fraud and Deceptive Business Practices Act.

According to the complaint, in May, Biffar purchased the Duncan Hines Simple Mornings Blueberry Streusel premium muffin mix at Shop ‘n Save in St. Clair County for $3.49. The suit says she suffered financial damages by paying a premium for the muffin mix that was falsely advertised. 

The plaintiff alleges Pinnacle Foods negligently misrepresented that its product contains nothing artificial but the muffin mix actually contains synthetic, artificial, and/or genetically modified ingredients.

Biffar seeks trial by jury, certification for this case as a class action, enjoining defendant from continuing to engage in deceptive, unfair, and false marketing practices, compensatory damages, pre- and post-judgment interest, attorney fees and legal costs, plus all relief as is just and proper. She is represented by attorneys Matthew H. Armstrong of Armstrong Law Firm LLC in St. Louis, and by Stuart L. Cochran of Law Offices of Stuart L. Cochran PLLC in Dallas.

U.S. District Court for the Southern District of Illinois Case number 3:16-cv-00873

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