NEW YORK (Legal Newsline) – A New York consumer alleges a brand of potato chips is falsely advertised as being made without preservatives.
Denise Mason filed a complaint individually and on behalf of other similarly situated individuals on June 16 in the U.S. District Court for the Southern District of New York against Diamond Foods LLC, doing business as Kettle Foods Inc., alleging violation of state consumer protection statutes.
According to the complaint, the plaintiff alleges the defendant's potato chips are deceptively marketed as having no preservatives and being made with natural ingredients. She alleges this is false because the chips contain citric acid, which is a synthetic preservative.
The plaintiff holds Diamond Foods LLC Inc. responsible because the defendant allegedly introduced a deceptive product in the market and caused consumers to pay premium price for what they thought was a high-quality product.
The plaintiff requests a trial by jury and seek judgment against defendants for actual, monetary and punitive damages; declaratory relief; costs and expenses of suit; attorney's fees; and further relief as the court may deem just. She is represented by Michael J. Gabrielli of Gabrielli Levitt LLP in Bronx, New York.
U.S. District Court for the Southern District of New York case number 1:18-cv-06423