BROOKLYN, N.Y. (Legal Newsline) – A New York consumer alleges Target's private label brand of graham crackers is falsely marketed as graham crackers.
Freddie Jamison filed a complaint individually and on behalf of all others similarly situated on Feb. 1 in the U.S. District Court for the Eastern District of New York against Target Corp. alleging negligent misrepresentation and other counts.
According to the complaint, the defendant sells a product identified as "graham crackers" under its private label Market Pantry brand. The plaintiff alleges the representations of the product as "graham crackers" is false because it "creates an erroneous impression that graham flour is the predominant or exclusive flour component, as opposed to white flour," the suit states.
The plaintiff alleges the product's predominant flour is white flour, not graham flour.
The plaintiff holds Target Corp. responsible because the defendant's product representations allegedly are false, unfair, deceptive and misleading.
The plaintiff requests a trial by jury and seeks preliminary and permanent injunctive relief, monetary damages and interest, including treble and punitive damages, costs and expenses, including reasonable fees for plaintiffs’ attorneys and experts, and further relief as the court deems just. He is represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York and Joshua Levin-Epstein of Levin-Epstein & Associates PA in New York.
U.S. District Court for the Eastern District of New York case number 1:19-cv-00650