CENTRAL ISLIP, N.Y. (Legal Newsline) – A New York consumer alleges Walmart misrepresents its Great Value brand graham crackers.
Jasmine Brown, individually and on behalf of all others similarly situated, filed a complaint on Jan. 29 in the U.S. District Court for the Eastern District of New York against Walmart Inc. alleging negligent misrepresentation and other counts.
According to the complaint, between 2016 and 2018, Brown purchased one or more of the products for personal consumption for no less than $2.99 each. She alleges the defendant's representation of the products as graham crackers is misleading because "it creates the erroneous impression that graham flour is the predominant or exclusive flour component, as opposed to white flour."
The suit states the main ingredient in the products is refined white flour and that the products "are more appropriately identified as a 'graham-flavored cracker.'"
The plaintiff holds Walmart Inc. responsible because the defendant allegedly used negligent misrepresentations or omissions in order to induce plaintiff and class of consumers to purchase the products.
The plaintiff requests a trial by jury and seeks judgment for preliminary and permanent injunctive relief, award monetary damages, costs, expenses and such other and further relief as the court deems just and proper. She is represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York and by Joshua Levin-Epstein of Levin-Epstein & Associates in New York, New York.
U.S. District Court for the Eastern District of New York case number 2:19-cv-00569-JS-AKT