SAN FRANCISCO (Legal Newsline) — A California consumer is suing a manufacturer of food products, alleging unfair competition.
Kenneth Gilbert of Oakland filed a class action complaint, on behalf of himself, all others similarly situated and the general public, Nov. 9 in U.S. District Court for the Northern District of California against All Market Inc., alleging the defendant obtained profit through unfair or deceptive trade or commerce.
According to the complaint, Gilbert and the general public purchased the defendant's Vita Coco coconut oil, relying upon its claims that it is a healthier substitute for butter, canola oil, or olive oil and that its regular consumption would result in health benefits,
However, the suit says, the product is pure fat, almost all of which is saturated fat that adversely affects cholesterol levels and increases risk of CHD, stroke, and other morbidity. The plaintiff alleges All Market issued false statement that the product's nutrient content could help consumers maintain healthy dietary practices, introduced a deceptive product into the market that could harm consumers and caused consumers to pay a premium price for what they thought was a high-quality product.
Gilbert seeks trial by jury, judgment against the defendant, maintain the case as a class action, appoint Gilbert and his lawyers as class representative and class counsel, a corrective advertising campaign, the defendant to destroy all misleading and deceptive advertising materials and labels, restitution, attorney fees and court costs, damages, interest and all relief the court deems necessary. The plaintiffs are represented by attorney Paul K. Joseph of The Law Office of Paul K. Joseph in San Diego, and by Jack Fitzgerald, Trevor M. Flynn and Melanie Persinger of The Law Office of Jack Fitzgerald in San Diego.
U.S. District Court for the Northern District of California Case number 16-cv-06510