BROOKLYN, N.Y. (Legal Newsline) – A New York woman has filed a lawsuit against H Mart alleging its mochi Japanese vanilla ice cream products do not contain the amount, type and percentage of vanilla as stated on the label.
Lianna King filed a complaint Nov. 29 in the U.S. District Court of the Eastern District of New York against H Mart Inc., alleging negligent misrepresentation, breach of express warranty, implied warranty of merchantability and Magnuson Moss Warranty Act, fraud and unjust enrichment.
King alleges in her complaint that H Mart's Mochi Mochi Japanese Ice Cream Bonbons and Mochi brand vanilla ice cream products "are misleading because they do not contain the amount, type and percentage of vanilla as a component of the flavoring in the ice cream, which is required and consistent with consumer expectations." The suit states the products' ingredient list states they are flavored by artificial vanilla flavor.
She also alleges the false and misleading labeling leads to the product being sold at a premium price.
King seeks monetary relief, a trial by jury and all other proper relief. She is represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York, and Michael Reese of Reese LLP in New York.
U.S. District Court for the Eastern District of New York case number 1:19-CV-06736