NEW YORK (Legal Newsline) – A New York consumersalleges a bagel he purchased at a Panera does not contain real blueberries but "mostly dyed lumps."
Jose Izquierdo, individually and on behalf of all others similarly situated, filed a complaint on Dec. 21 in the U.S. District Court for the Southern District of New York against Panera Bread Co., also known as St. Louis Bread Co., alleging violation of the New York Deceptive and Unfair Trade Practices Act and other counts.
According to the complaint, the plaintiff alleges that on Aug. 10, 2018, he bought a blueberry bagel at a Panera in Manhattan relying on its label representations that it contains only real blueberries. The plaintiff alleges the product did not contain actual blueberries but blue pieces that are "mostly dyed lumps predominantly comprised of sugar and flour."
The plaintiff holds Panera Bread Co. responsible because the defendant allegedly intentionally made materially false and misleading claims about the product.
The plaintiff requests a trial by jury and seeks compensatory and punitive damages, prejudgment interests on all amounts awarded, restitution and all other forms of equitable monetary relief, injunctive relief. He is represented by C.K. Lee and Anne Seelig of Lee Litigation Group LLC in New York.
U.S. District Court for the Southern District of New York case number 1:18-cv-12127-DAB