NEW YORK (Legal Newsline) – A California consumer alleges a food manufacturer and packer are selling canned squid that they represent is octopus.
Luis Diego Zapata Fonseca filed a complaint individually on behalf of all others similarly situated on Nov. 5 in the U.S. District Court for the Southern District of New York against Roland Food and Orbe SA alleging violation of New York law and unjust enrichment.
According to the complaint, the plaintiffs allege that the defendants falsely label their Roland canned octopus product. The plaintiff alleges the product is not octopus but giant squid. The plaintiff alleges squid is cheaper, of a lower quality and is more abundant than octopus and that he and the class members have lost money by purchasing a product that is not what is represented.
The plaintiff holds Roland Food and Orbe SA responsible because the defendants allegedly were enriched at the expense of consumers.
The plaintiff requests a trial by jury and seeks judgment against defendants to pay full restitution and disgorge all ill-gotten gains, certify class action, award of actual damages, attorneys’ fees and the costs, pre- and post-judgment interest, and further relief as may be deemed just. He is represented by Kim E. Richman of Richman Law Group in Brooklyn, New York; James P. Gitkin of Salpeter Gitkin LLP in Fort Lauderdale, Florida; and Joshua H. Eggnatz and Michael J. Pascucci of Eggnatz/Pascucci in Davie, Florida.
U.S. District Court for the Southern District of New York case number 1:18-cv-10259