NEW YORK (Legal Newsline) — A New York consumer has filed a class action lawsuit against Harry and David, alleging fraud and negligent misrepresentation.
Bria Brown of Queens, New York, filed a complaint, individually and on behalf of all others similarly situated Feb. 10 in U.S. District Court for the Southern District of New York against Harry and David LLC alleging the defendant induced consumers to purchase their products that contain non-functional slack fill.
According to the complaint, Brown was deceived into purchasing a Moose Munch Popcorn product that misrepresented the actual volume of product contained in the package. The plaintiff alleges Harry and David purposely sold its products to consumers and used non-transparent packaging in order to conceal the actual volume of contents from consumers.
Brown seeks trial by jury, compensatory and punitive damages, interest, restitution, injunctive relief, court costs and all further relief the court grants. She is represented by attorneys C.K. Lee and Anne Seelig of Lee Litigation Group, PLLC in New York.
U.S. District Court for the Southern District of New York Case number 1:17-cv-00999-DAB