Nature's Path sued over how much acai berry is in toaster pastries

By Carrie Bradon | May 13, 2019

BROOKLYN, N.Y. (Legal Newsline) — A woman is suing a food manufacturer via a class action lawsuit alleging that she was misled about the ingredients in toaster pastries.

Danielle Louis, individually and on behalf of all others similarly situated, filed a complaint on May 1 in the United States District Court for the Eastern District of New York against Nature's Path Foods USA Inc., alleging fraud, violation of the Deceptive Trade Practices Act, negligent misrepresentation and unjust enrichment.

The plaintiff alleges that the defendant's product advertises that its Wildberry Acaí Toaster Pastries contain more of Acaí berries than other berries (that there would be 45% acai berries in relation to the other berries). 

However, acaí powder is listed fourth from the end of the list, meaning that the acaí berries are less than any of the other berries, the suit claims. Additionally, the form of the berries is not advertised truthfully, as the acaí is in powder form, rather than berry form, in addition to all of the berries being pureed and not in their full form, the suit claims.

The plaintiff is seeking trial by jury, declaratory action against the defendant, injunctive relief, monetary damages, interest, punitive damages, costs, expenses and reasonable fees for attorneys and other relief deemed fit. The plaintiff is represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck.

United States District Court for the Eastern District of New York Case number 1:19-CV-02584

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