NEW YORK (Legal Newsline) – A Minnesota consumer alleges a specific brand of yogurt is falsely advertised as being all natural.
Polly Podpeskar filed a complaint individually and on behalf of all others similarly situated on Oct. 31 in the U.S. District Court for the Southern District of New York against Dannon Co. Inc. alleging violation of the Unlawful Trade Practices Act and other counts.
According to the complaint, the plaintiff alleges that she and other consumers purchased defendant's yogurt products, which are marketed and advertised as all natural. The plaintiff alleges that that the cows that produce the milk for the defendant's products are fed with genetically modified organisms that adversely affect the characteristics of its milk products, the primary ingredient in yogurt.
The plaintiffs holds Dannon Co. Inc. responsible because the defendant allegedly harmed consumers by inducing them to purchase products containing non-natural ingredients on the false premise that the products are all natural and caused them to pay premium price for the products.
The plaintiffs request a trial by jury and seek judgment against defendant, enjoin defendant from further unlawful practices, damages, attorneys' fees, costs of suit, interest and other relief as the court deems just. She is represented by Michael R. Reese of Reese LLP in New York and Melissa 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-08478