FORT LAUDERDALE, Fla. (Legal Newsline) — A Florida consumer is suing Hormel, alleging negligent misrepresentation, false advertising, breach of express warranties and unjust enrichment.
Benjamin Phelps of Boca Raton, Fla., filed a class action lawsuit, individually and on behalf of all other similarly situated, Oct. 11 in U.S. District Court for the Southern District of Florida against Hormel Foods Corporation, alleging breach of good faith and fair dealing.
According to the complaint, Phelps and class members have suffered financial injuries from paying premium prices for Hormel products and risking their health from consuming products that contain harmful preservatives.
The suit says Hormel products were intentionally labeled with "100% Natural" and "No Preservatives" to entice consumers. The lawsuit states these products actually contain ingredients, such as maltodextrin, that are synthetic and so heavily processed that they are no longer chemically the same as the raw ingredients.
The plaintiff alleges Hormel failed to disclose to its consumers that its products contain synthetic ingredients, preservatives and genetically modified ingredients, and that Hormel intentionally sold these falsely labeled products to consumers with intent to deceive them.
Phelps seeks trial by jury, an order certifying this as a class action, declaratory relief, a corrective advertising campaign, damages, restitution, disgorgement, attorney fees, court costs and all further relief as is just. He is represented by attorney Tim Howard of Howard & Associates PA in Tallahassee.
U.S. District Court for the Southern District of Florida Fort Lauderdale Division Case number 0:16-cv-62411