LOS ANGELES (Legal Newsline) – A California man claims that consumers are misled by the packaging of a brand of cereal into believing they are purchasing more cereal than they actually are.
Chauncey Leroy White, individually and on behalf of all others similarly situated, filed a complaint on Jan. 5 in the U.S. District Court for the Central District of California against Nature's Path Foods USA Inc. and Does 1 through 10 over alleged violation of the California Fair Packaging and Labeling Act.
According to the complaint, the plaintiff alleges that in 2017, he purchased defendant's Nature's Path Organic Cereal Product for $4.29 expecting to receive a full container of product. He claims the container had nearly 40 percent empty space, or slack-fill. The plaintiff claims that had he had known the truth about the misrepresentation, he would not have purchased the Nature's Path Organic cereal product.
The plaintiff holds Nature's Path Foods USA Inc. responsible because the defendant allegedly incorporated nonfunctional slack-fill in its packaging of the Nature’s Path Organic cereal products in order to mislead consumers.
The plaintiff requests a trial by jury and seeks judgment for compensatory and punitive damages, prejudgment interest, award of attorneys' fees, expenses, costs of suit and for such other and further relief as the court deems just and proper. He is represented by Ronald A. Marron of Law Offices of Ronald A. Marron APLC in San Diego.
U.S. District Court for the Central District of California case number 8:18-cv-00013-AG-KES