WASHINGTON (Legal Newsline) — A Washington, D.C., consumer has filed a class action lawsuit against an oregano distributor, alleging fraud and negligent misrepresentation.
Andrew Mariotti filed a complaint, individually and on behalf of all others similarly situated, in the Superior Court for the District of Columbia against Big Lots Stores, Inc., doing business as Fresh Finds, alleging the defendant used olive as filler to their oregano products to make it look like it contain more product.
The defendant removed the case to U.S. District Court for the District of Columbia March 27.
According to the complaint, on Oct. 10, 2016, Mariotti purchased a container that was advertised as "oregano" despite having other contents in order to act as a filler. The plaintiff alleges the defendant failed to inform consumers that its container of oregano also contains olive.
Mariotti seeks trial by jury, compensatory and punitive damages, treble damages, statutory damages, court costs, interest, injunction, and all further relief the court grants. He is represented by attorneys Nicholas A. Migliaccio and Jason S. Rathod of Migliaccio & Rathod LLP in Washington, D.C.
U.S. District Court for the District of Columbia case number 1:17-cv-00553-TFH