SAN DIEGO (Legal Newsline) — A San Diego consumer is suing a food company, alleging breach of implied warranty and negligent misrepresentation.
Syndi Tracton filed a class action complaint, individually and on behalf of all others similarly situated and the general public, Nov. 10 in U.S. District Court for the Southern District of California against Viva Labs Inc., alleging false and misleading claims to the defendant's products.
According to the complaint, Tracton suffered monetary damages from being misled into purchasing a falsely advertised product. The plaintiff alleges Viva Labs advertises its Organic Extra Virgin Coconut Oil as a healthy alternative to butter and other cooking oils when it is inherently an unhealthy and less healthy alternative.
Tracton seeks trial by jury, ordering the defendant to engage in a corrective advertising, destroy all misleading advertising materials, restitution, statutory, compensatory and punitive damages, interest, all legal fees and all other relief the court deems just.
She is represented by attorneys Jack Fitzgerald, Trevor M. Flynn and Melanie Persinger of The Law Office of Jack Fitzgerald PC in San Diego and by Paul K. Joseph of The Law Office of Paul K. Joseph PC in San Diego.
U.S. District Court for the Southern District of California Case number 3:16-cv-02772-BTM-KSC