NEW YORK (Legal Newsline) – A New York consumer alleges a brand of olive oil is marketed in a misleading manner because of the colors of ink used on its label.
Daniel Okoe filed a complaint on behalf of himself and others similarly situated on Oct. 5 in the U.S. District Court for the Southern District of New York against Iberia Foods Corp. alleging violation of New York's Deceptive and Unfair Trade Practices Act and other counts.
According to the complaint, the plaintiff alleges the defendant misleadingly labels its Iberia Premium Blend Extra Virgin Olive Oil. He alleges the words "extra virgin olive oil" are "emboldened and holographic" while the words "sunflower oil and" are "printed inconspicuously in indistinct, camouflaged ink," the suit states.
The plaintiff alleges the product is only 20 percent extra virgin olive oil and 80 percent refined sunflower oil. He alleges he paid $8.19 for the product and was financially injured because he did not receive the olive oil he intended to purchase.
The plaintiff holds Iberia Foods Corp. responsible because the defendant's alleged deceptive practices were allegedly knowing and willful.
The plaintiff requests a trial by jury and seeks restitution and disgorgement of all amounts obtained by the defendant, compensatory damages, statutory damages, statutory prejudgment and post-judgment interest on any amount, attorneys’ fees and costs plus injunctive relief. He is represented by C.K. Lee and Anne Seelig of Lee Litigation Group PLLC in New York.
U.S. District Court for the Southern District of New York case number 1:18-cv-09161-VEC