WHITE PLAINS. N.Y. (Legal Newsline) – Two customers allege that containers of Luigi's Real Italian Ice do not contain the amount of product advertised.
Martin Orbach and Phillip Sego filed a complaint on Jan. 12 in the U.S. District Court for the Southern District of New York against J&J Snack Foods Corp. alleging breach of express warranty, unjust enrichment and other counts.
According to the complaint, the plaintiffs allege that they purchased Luigi's Real Italian Ice manufactured by defendant because the product was advertised to contain 6 fluid ounces of Italian ice. However, upon information and belief, the Luigi’s Real Italian Ice purchased was allegedly mislabeled because it does not contain 6 fluid ounces of product, but 5.5 fluid ounces.
The plaintiffs hold J&J Snack Foods Corp. responsible because the defendant allegedly underfilled its containers and injured consumers by the misrepresentation.
The plaintiffs request a trial by jury and seek judgment for compensatory, punitive and statutory damages; prejudgment interest; injunctive relief; attorneys' fees; expenses and costs of suit. They are represented by Philip L. Fraietta and Alec M. Leslie of Bursor & Fisher PA in New York.
U.S. District Court for the Southern District of New York Case number 7:18-cv-00321-KMK