CHICAGO (Legal Newsline) – A New York consumer alleges that a brand of pasta sauce is deceptively marketed as having no preservatives.
Lukas Kubilius filed a complaint on behalf of himself and others similarly situated on Oct. 1 in the U.S. District Court for the Northern District of Illinois, Eastern Division against Barilla America Inc. citing the Illinois Consumer Fraud and Deceptive Business Practices Act and other counts.
According to the complaint, the plaintiff alleges the defendant's Barilla pasta sauces are deceptively labeled as having no preservatives when they contain the preservative citric acid. He alleges he would not have purchased the product had he known it contained preservatives.
The plaintiff holds Barilla America Inc. responsible because he and the class allegedly have been injured by the defendant's purportedly false advertising.
The plaintiff requests a trial by jury and seeks judgment against defendant for compensatory, actual and/or statutory damages and other damages; restitution and disgorgement of all amounts from defendant's misconduct; interest; attorney's fees; costs; and other relief as the court may deem just. He is represented by C.K. Lee of Lee Litigation Group PLLC in Chicago.
U.S. District Court for the Northern District of Illinois, Eastern Division case number 18-cv-6656