SAN DIEGO (Legal Newsline) – A San Diego consumer alleges a chocolate manufacturer underfills its packages.
Joseph Brungard, individually and behalf of others similarly situated filed a complaint on Oct. 12, in the U.S. District Court for the Northern District of California against Ghirardelli Chocolate Co. and Does 1 through 100 alleging violation of the California Consumers Legal Remedies Act and California False Advertising Law.
According to the complaint, the defendants sell flavors of individually wrapped, single-serving chocolate squares in packages of various counts. He alleges that he discovered that the packages actually contained one less chocolate square than advertised.
He states that he contacted Ghirardelli and spoke to a customer service representative, who "advised him that the package contents are not based on the printed servings per container on each package, but is based on weight and therefore there was no issue with the packaging as he described," the suit states.
The plaintiff alleges the defendants falsely and misleadingly labelled the number of uniform-shaped, individually wrapped, single-serving chocolate squares in each bag and engaged in unfair competition or unlawful, unfair, misleading, unconscionable, or deceptive acts in violation of the state consumer statutes.
The plaintiff requests a trial by jury and seeks judgment for compensatory, enhanced and punitive damages; pre- and post-judgment interest; costs of suit; injunctive relief; restitution; attorneys' fees; and for such other relief as the court may deem just and proper. He is represented by Craig M. Nicholas, Alex Tomasevic and David G. Greco of Nicholas & Tomasevic LLP in San Diego and Eric A. LaGuardia of LaGuardia Law in San Diego.
U.S. District Court for the Northern District of California case number 4:17-cv-05873-KAW