SAN DIEGO (Legal Newsline) – A California consumer claims Atkins Nutritionals Inc. misrepresents the number of net carbs in its product labels.
Cheryl Fernandez filed a complaint on behalf of herself and all others similarly situated on Aug. 11 in the U.S. District Court for the Southern District of California against Atkins Nutritionals Inc. and Does 1-10 citing the Magnuson-Moss Warranty Act and other counts.
According to the complaint, the plaintiff alleges that the defendant fails to add carbohydrates associated with sugar alcohols when calculating the net carbs for the labels of various food products.
The plaintiff holds Atkins Nutritionals Inc. and Does 1-10 responsible because the defendants allegedly conceals that the calculation it uses is wrong.
The plaintiff requests a trial by jury and seeks award damages to the plaintiff, statutory damages, punitive damages, interest, all legal fees and any other relief as this court deems just. She is represented by Matthew L. Dameron of Williams Dirks Dameron LLC in Kansas City, Missouri and Deborah Rosenthal of Simmons Hanly Conroy in San Francisco.
U.S. District Court for the Southern District of California case number 3:17-cv-01628-GPC-WVG