WHITE PLAINS, N.Y. (Legal Newsline) – The maker of Atkins food products is accused of deceptively marking the products with 'net carbs' to mislead customers about the impact on blood sugar levels.
Johana Garcia filed a complaint on behalf of others similarly situated on July 11 in the U.S. District Court for the Southern District of New York against Atkins Nutritionals Inc. alleging violation of New York business laws.
According to the complaint, the plaintiff alleges that she was damaged from being misled into purchasing the defendants' products, which misrepresents the glycemic effect of maltitol and maltitol syrup-derived carbohydrates. The plaintiff holds Atkins Nutritionals Inc. responsible because the defendant allegedly misleads customers about the glycemic effect of the products.
The plaintiff requests a trial by jury and seeks compensatory and other damages, actual and statutory damages, enjoin the defendant, pre- and post-judgment interest, attorneys' fees and costs and any other relief as the court may deem just and proper. She is represented by 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-05232-JFK