WEST PALM BEACH, Fla. (Legal Newsline) — Consumers have filed a class action lawsuit against Publix Super Markets Inc., citing alleged breach of implied warranty and breach of warranty.
Erin Rudder filed a complaint individually and on behalf of all others similarly situated on Oct. 21, in the U.S. District Court for the Southern District of Florida against Publix Super Markets Inc. alleging that the food manufacturer breached its duty of good faith and fair dealing.
According to the complaint, the plaintiffs allege Publix is manufacturing, selling and distributing products that claim to be 100 percent real Parmesan or Romano cheese, but were found to actually contain fillers such as cellulose, an anti-clumping agent derived from wood chips.
Publix Super Markets allegedly deceived consumers into purchasing mislabeled products, caused plaintiff to pay premium prices for substandard products, and increased profits by adding more cellulose than necessary to drive down the cost at the expense of consumers' health.
The plaintiffs request a trial by jury and seek judgment against defendant, maintain case as a class action, to appoint plaintiff as class representative and counsel as class counsel, damages, injunctive relief, attorneys' fees, litigation costs, interest and further relief as may be just.
They are represented by Richard J. Lantinberg of The Wilner Firm in Jacksonville, Florida; Ben Barnow, Erich P. Schork and Jeffrey Blake of Barnow & Associates PC in Chicago; Timothy.G Blood of Blood Hurst & O'Reardon LLP in San Diego; Lori G. Feldman and Andrea Clisura of Levi & Korsinsky LLP in New York; and Mark Reinhardt and Brant Penney of Reinhardt Wendorf Blanchfield in St. Paul, Minnesota.
U.S. District Court for the Southern District of Florida Case number 9:16-cv-81777