HAMMOND, Ind. (Legal Newsline) – Two consumers from California and Indiana allege they were deceived into purchasing dairy products based on false claims the dairy cows received "extraordinary care."
Mohammad Sabeehullah and Nabil Khan, individually and on behalf of all others similarly situated, filed a complaint on June 17 in the U.S. District Court for the Northern District of Indiana against Fairlife LLC, Mike McCloskey and Sue McCloskey alleging violation of the Indiana Deceptive Consumer Sales Act, unlawful business practices and other counts.
The plaintiffs allege the defendants are dairy manufacturers and advertise they produce dairy products that are sourced from animals that are recipients of "extraordinary care."
"That was false. Fair Oaks Farms, run by defendants Mike and Sue McCloskey, abused and tortured the dairy cows and young calves on the farm. Undercover video exposed the sickening treatment of these animals — treatment that one hopes is far worse than the treatment of dairy cows and calves on any other dairy farm that produces and sells milk at a non-premium price," the suit states.
The suit states the undercover video was taken in 2018 by an undercover investigator with Animal Recovery Mission at Fair Oaks Farms in Indiana.
The plaintiffs allege they stopped purchasing the defendants' Fairlife products after learning of the inhumane treatment and that the defendants profited from the fraudulent marketing scheme.
The plaintiffs are seeking restitution of the money they paid for the defendants' milk products, trial by jury, costs and expenses and trial by jury as well as other relief deemed fit. The plaintiff is represented by Syed Ali Saeed of Saeed & Little LLP in Indianapolis and Ashlea G. Schwarz and Laura C. Fellows of Paul LLP in Kansas City, Missouri.
U.S. District Court for the Northern District of Indiana case number 2:19-CV-00222