WHITE PLAINS, N.Y. (Legal Newsline) – A New York woman has instituted a class action against The Price Chopper alleging its almond milk products are falsely labeled as vanilla flavored.
Constance Fore-Heron, individually and on behalf of all others similarly situated, filed a complaint Dec. 6 in the U.S. District Court for the Southern District of New York against The Price Chopper Inc., alleging breach of express warranty, implied warranty of merchantability and the Magnuson Moss Warranty Act, fraud and unjust enrichment.
Heron claims in her suit that Price Chopper's almond milk beverage labels "represents the product’s characterizing flavor is vanilla and lacks any qualifying terms, confirming to consumers they contain a sufficient amount of vanilla (flavoring or extract) to independently flavor the products."
She also alleges the product's labeling as vanilla flavored is "deceptive and misleading because the product contains flavoring other than vanilla, as revealed by 'natural vanilla flavor with other natural flavors' on the ingredient list."
Heron seeks injunctive relief, monetary damages, a trial by jury, interest and all other proper relief. She 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 7:19-cv-11224