California consumer accuses Monsanto of false advertising

By Louie Torres | Nov 2, 2016

LOS ANGELES (Legal Newsline) — A California woman is suing Monsanto, alleging breach of implied warranty and negligent misrepresentation.

Elisabeth Martin of Highland, California, filed a class action complaint, individually and on behalf of all others similarly situated and the general public, Oct. 13 in U.S. District Court for the Central District of California against Monsanto Company, alleging the defendant made false claims regarding a herbicide. 

According to the complaint, Martin suffered monetary damages from being misled into purchasing the herbicide Roundup. The plaintiff alleges Monsanto says its product can between make between 10 and 85 gallons of Roundup, depending on the size of the container, when diluted but is only able to make half the advertised amount for each size of container.

Martin seeks trial by jury, ordering the defendant to engage in corrective advertising, order the defendant to recall and destroy all misleading materials, disgorge all monies, restitution, actual and statutory damages, court costs and any further relief the court grants. She is represented by attorneys Jack Fitzgerald, Trevor M. Flynn and Melanie Persinger of The Law Offices of Jack Fitzgerald PC in San Diego, and by Sidney W. Jackson III of Jackson & Foster LLC in Mobile, Alabama.

U.S. District Court for the Central District of California Case number 5:16-cv-2168

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Monsanto Company U.S. District Court for the Central District of California

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