NEW YORK (Legal Newsline) — Two consumers are suing Costco, alleging misrepresentation, breach of implied warranty, unfair competition and fraud.

Mary La Vigne of New York and Kristen Hessler of Pennsylvania filed a class action lawsuit, individually and for all others similarly situated, Oct. 11 in U.S. District Court for the Southern District of New York against Costco Wholesale Corporation, alleging breach of good faith and fair dealing.

According to the complaint, La Vigne, Hessler and others similarly situated purchased packages of six cans of Costco's Kirkland Signature premium chunk chicken breast because they were enticed by its reasonable price and quantity.

Upon closer inspection, the suit says, each can only contains 7 to 8 ounces of meat and is 44 percent water, thus, causing the plaintiffs to suffer monetary damages. 

The plaintiffs allege Costco deceived consumers into purchasing a misleading product and obtained a profit at the expense of consumers.

La Vigne and Hessler seek judgment against the defendant, certification of this case as a class action, appoint the plaintiffs and their attorneys as class representative and counsel, damages, injunctive relief, attorney fees, court costs, expert fees and all relief the court deems just. They are represented by attorneys Patricia I. Avery, Matthew Insley-Pruitt and Robert Plosky of Wolf Popper LLP in New York.

U.S. District Court for the Southern District of New York Case number 7:16-cv-07924

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U.S. District Court for the Southern District of New York
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