RIVERSIDE, Calif. (Legal Newsline) — A Riverside County consumer has filed a class action lawsuit against a food manufacturer for allegedly misleading buyers about the sugar content of one of its products.
Jennifer Johnson, individually and on behalf of all others similarly situated, filed a complaint on Sept. 12 in the Riverside County Superior Court against Good Nutrition LLC and others for alleged violations of the Federal Food, Drug and Cosmetic Act (FDCA).
The defendant removed the case to U.S. District Court for the Central District of California on Oct. 18.
According to the complaint, the plaintiff alleges that she and the members of the class have been affected due to the mislabeling of the defendant's Good Greens Chocolate Mint Bar product. The plaintiff and the class claim the product was advertised as a healthy bar, and no sugar is found on the ingredients list. But evaporated cane juice is listed as an ingredient, and that is a common name for sugar, the complaint says.
As a result, the plaintiff was allegedly deceived regarding the health claims of the product.
The plaintiff alleges the defendant engaged in false advertising because it has disseminated false and/or misleading representations about the product and deceived consumers into believing that the product has characteristics and benefits that it does not have.
The plaintiff requests a trial by jury and seeks judgment for damages, restitution and injunction order, award of pre- and post-judgment interest, costs, attorneys' fees, and for all such other relief that the court may deem proper. She is represented by Thomas W. Kohler and Ryan M. Ferrell of APEX Trial Law in Newport Beach, Calif.
U.S. District Court for the Central District of California Case number 5:17-cv-02145-DSF-SHK