TRENTON — A New Jersey consumer is suing Costco, alleging false claims regarding the total weight of its chicken breast product.
Howard S. Stern of Middletown, New Jersey, filed a class action lawsuit, individually and on behalf of all others similarly situated Aug. 10 in U.S. District Court District of New Jersey against Costco Wholesale Corporation, alleging implied warranty and fraud.
According to the complaint, Stern suffered financial damages after paying $12.79 for a falsely labeled chicken breast product. The plaintiff alleges Costco labeled its product as containing a net weight of 12.5 ounces. However, the suit says, half of the weight actually came from the can being half-filled with water.
Stern seeks trial by jury, damages, treble damages, injunctive relief against the defendant, court costs and all relief the court grants. He is represented by attorneys Jeffrey W. Herrmann and Peter S. Pearlman of Cohn Lifland Pearlman Herrmann & Knopf LLP in Saddle Brook, New Jersey, and by Patricia I. Avery, Matthew Insley-Pruitt and Robert Plosky of Wolf Popper LLP in New York.
U.S. District Court for the District of New Jersey Case number 3:16-cv-04884-MAS-DEA