NEW YORK (Legal Newsline) – A New York citizen alleges a nut spread is advertised in a way that it misleads consumers into thinking it contains white chocolate.
Aurora Morrison filed a complaint on behalf of herself and others similarly situated on Nov. 30 in the U.S. District Court for the Southern District of New York against Nuts 'N More LLC alleging violation of New York's Deceptive and Unfair Trade Practices Act and other counts.
According to the complaint, the plaintiff alleges that on April 25, she purchased the defendant's Nuts 'N More White Chocolate Peanut Spread for $11.99 relying on defendants representations on its packaging that it contained white chocolate. She alleges it contains inferior confectionery ingredients that are not white chocolate.
The plaintiff holds Nuts 'N More LLC responsible because the defendant allegedly unfairly, deceptively, and misleadingly markets its product.
The plaintiffs request a trial by jury and seek restitution and disgorgement of all amounts obtained by the defendant; compensatory and other recoverable damages; actual and/or statutory damages; statutory pre- and post-judgment interests; attorney's fees and costs. She 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-11192-ALC