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Tuesday, April 7, 2020

Consumer claims Scarpetta sauces are not preservative free as advertised

By Louie Torres | Feb 2, 2018

General court 07

NEW YORK (Legal Newsline) – A New York consumer claims a brand of sauces is falsely advertised as containing no preservatives.

Cindy Jocelyn filed a complaint on behalf of others similarly situated on Jan. 22 in the U.S. District Court for the Eastern District of New York against PVK Inc. alleging violation of New York's Deceptive and Unfair Trade Practices Act and other counts.

According to the complaint, the plaintiff alleges the defendant's Scarpetta sauces are deceptively marked as having no preservatives. She alleges the products contain citric acid, a preservative.

The plaintiff holds PVK Inc. responsible because the defendant allegedly wrongfully reaped enormous profits from the false advertising that its products contain no preservatives.

The plaintiff requests a trial by jury and seeks restitution and disgorgement, interest, compensatory and other damages, order the defendant to immediately cease its wrongful conduct, order the defendant to engage in a corrective advertising, reimburse the plaintiff and the class members, court costs and any further relief the court grants. She is represented by C.K. Lee and Anne Seelig of Lee Litigation Group PLLC in New York.

U.S. District Court for the Eastern District of New York case number 2:18-cv-00427-ADS-SIL

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U.S. District Court - Eastern New York