LOS ANGELES (Legal Newsline) – A California consumer has filed a class action lawsuit against a food distributor over allegations that the packaging on a nour date product is misleading.
Anthony Buso, individually and on behalf of all others similarly situated, filed a complaint on Sept. 22 in the U.S. District Court for the Central District of California against Penguin Trading Inc., doing business as Fruit Bliss, and Does 1 through 10, inclusive alleging that the defendants violated the Fair Packaging and Labeling Act.
According to the complaint, the plaintiff alleges that he purchased the defendant's Fruit Bliss Organic Deglet Nour Dates product but was "surprised" when he discovered that the containers had nearly 80 percent empty space, or slack-fill. The plaintiff alleges that he relied on the size of the packaging upon purchase and would not have purchased it if he had known that the packages were substantially empty.
The plaintiff holds Penguin Trading Inc., doing business as Fruit Bliss, and Does 1 through 10, inclusive responsible because the defendant allegedly used unfair methods of competition and unfair or fraudulent acts or practices in that it advertises goods as containing more product than they in fact contain.
The plaintiff requests a trial by jury and seeks injunctive relief, order of restitution, award of compensatory and punitive damages, prejudgment interest, expenses, costs of suit, and for such other and further relief as the court deems just and proper. He is represented by Scott J. Ferrell of Pacific Trial Attorneys in Newport Beach, California.
U.S. District Court for the Central District of California case number 2:17-cv-7025