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Sunday, December 15, 2019

Lawsuit: Rite Aid should know better than to mislabel pecans

Federal Court

By Marian Johns | Nov 15, 2019

Riteaid

NEW YORK (Legal Newsline) – A New York man is suing Rite Aid alleging its gourmet praline pecans are fraudulently labeled because the sugar ingredient is "disguised as evaporated cane juice."

Cory Henderson filed a class action complaint Oct. 25 in the U.S. District Court for the Southern District of New York against Rite Aid Corp. alleging violation of New York General Business Law and consumer statutes, negligent misrepresentation, breach of express warranty, fraud and unjust enrichment. 

The suit states Rid Aid manufactures and sells Dreamhouse Fine Foods branded gourmet praline pecans that are labeled as "made with pecan halves and a sweet and salty glaze."

"By declaring the ingredient commonly known as 'evaporated cane juice,' plaintiff and consumers receive the impression that the 'sweet...glaze' is an actual juice in which the products are coated," Henderson alleges in the complaint. 

He also claims that "No reasonable consumer would expect that a store which provides prescription medications would disregard its responsibility to accurately and adequately identify the ingredients in its products."

Henderson seeks monetary and injunctive relief, trial by jury and all other just relief. He is represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York. 

U.S. District Court for the Southern District of New York case number 1:19-cv-09870-AJN

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U.S. District Court, Southern District of New York

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