ST. LOUIS (Legal Newsline) – A Missouri pizza shop has asked a federal court to dismiss a class action lawsuit that alleges it failed to mention additional pizza topping charges in an ad.
The suit, filed in the St. Louis County Circuit Court on July 7, was brought on from an incident that occurred on May 3. The plaintiff, Barbara Rosenbloom, alleges she saw an advertisement on Jet's Pizza's website promoting the shop's 'Jumbo Jet Deal,' which stated that it included a “large pizza with premium mozzarella cheese and up to three toppings, your choice of Jet’s Wings or boneless chicken, plus a 10 pc. Jet’s Bread” for $20.
Rosenbloom chose mushrooms, chicken and meatballs as her three toppings, the suit states. She alleges that when she paid for the food, the defendant charged her $1.28 for the chicken topping and $1.28 for the meatball topping. The total that she paid, which included the extra charges and tax, came to $24.33.
In her complaint, Rosenbloom claimed that because Jet's Pizza did not include in the ad that certain toppings would cost extra, the shop was in violation of the Missouri Merchandising Practices Act.
Her class action lawsuit against Jet's America Inc., under which Jet's Pizza operates, is on behalf of all customers who had been falsely advertised to about the shop's special and who were "deceived" into paying more for the pizza deal. She is suing for actual damages and attorney's fees.
Jet's America Inc. filed a request to the U.S. District Court for the Eastern District of Missouri on July 14 to have the class action suit dismissed because it allegedly does not meet class action requirements.
Jet's claimed that the suit "includes members whom Jet’s advertisements never harmed" because not only does Jet's have different ads, some of which actually do include that certain toppings cost extra, but not all of Jet's pizza shops run the Jumbo Jet Deal.
The case has since moved the case to a federal court.