NEW YORK (Legal Newsline) — Two consumers are suing a baby care products manufacturer, alleging false and misleading identification of products.
Tanya Mayhew of Dutchess County, New York, and Tanveer Alibhai of Oakland, California, filed a class action complaint, individually and on behalf of all others similarly situated, Sept. 7 in U.S. District Court for the Southern District of New York against KAS Direct LLC doing business as Babyganics, alleging violation of the New York General Business Law and the California Organic Products Act.
According to the complaint, Mayhew and Alibhai suffered financial injury for paying a premium price for a series of baby care products that they believed to be organic. The suit says they received less than what they bargained and/or paid for.
The plaintiffs allege a Babyganics falsely represented that its products are organic and deceptively named its "Babyganics,” to convey to consumers that its products are organic, although the products contain only small quantities of organic ingredients.
Mayhew and Alibhai seek trial by jury, an order certifying this case as a class action, appointing the plaintiffs and their counsel to represent the class, all monetary relief, attorney fees and court costs, punitive damages and all further relief.
They are represented by attorneys Jason P. Sultzer of The Sultzer Law Group PC in Poughkeepsie, New York; Charles J. LaDuca and Katherine Van Dyck of Cuneo Gilbert & LaDuca LLP in Washington, D.C.; and by Melissa W. Wolchansky and Amy E. Boyle of Halunen Law in Minneapolis.
U.S. District Court for the Southern District of New York Case number 7:16-cv-06981