CHICAGO (Legal Newsline) — Two consumers have filed a class action lawsuit against a food manufacturer, alleging breach of implied warranty, fraud, product liability and unjust enrichment.
Lori Cowen of Michigan and Rochelle Ibarrola of Illinois filed a complaint, individually and on behalf of all others similarly situated, Feb. 28 in U.S. District Court for the Northern District of Illinois against Lenny & Larry’s Inc., alleging the food manufacturer obtained profit through unfair or deceptive trade or commerce.
According to the complaint, Cowen and Ibarrola and other similarly situated consumers were harmed financially from the defendant's misleading and deceptive practice of falsely advertising the nutritional value of its cookie products or grossly inflated the actual protein content of the products.
The plaintiffs allege Lenny & Larry’s issued false statement that its product's nutrient content could help consumers maintain healthy dietary practices, introduced a deceptive product in the market that could harm consumers and caused consumers to pay premium price for what they thought was a high-quality product.
Cowen and Ibarrola seek trial by jury, judgment against the defendant, declare this case a class action, appoint the plaintiffs as class representative and counsel, restitution, disgorgement, compensatory and punitive damages, actual and statutory damages, attorney fees, court costs and expenses, and all further relief the court deems just. They are represented by attorneys Edward A. Wallace and Amy E. Keller of Wexler Wallace LLP in Chicago; by Nick Suciu III of Barbat, Mansour & Suciu PLLC in Bloomfield Hills, Michigan; and by Karin R. Leavitt of Wasserman Law Group in Tarzana, California.
U.S. District Court for the Northern District of Illinois Case number 17-cv-01530