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Monday, February 24, 2020

Consumer alleges Only What You Need vanilla protein drink has deceptive label regarding flavor

Federal Court

By Marian Johns | Feb 3, 2020

Vanille
Vanilla beans | Wikimedia Commons/jlggb/https://creativecommons.org/licenses/by-sa/2.0/deed.en/cropped

NEW YORK (Legal Newsline) – A consumer alleges that Only What You Need's vanilla-flavored protein drinks are deceptively labeled because they contain "non-vanilla" flavors. 

Tania Piochardo, individually and on behalf of all others similarly situated, filed a complaint Jan. 18 in the U.S. District Court for the Southern District of New York against Only What You Need Inc. alleging violation of New York business law, negligent misrepresentation, breaches of express warranty and implied warranty of merchantability and the Magnuson Moss Warranty Act, and fraud. 

Piochardo alleges that Only What You Need's non-dairy plant protein beverages that claim to be flavored only with vanilla have a misleading label. She claims the product contains "non-vanilla flavor and/or components" and that Only What You Need's "prominent and conspicuous representation" of vanilla on the product label is deceptive. 

"The product is misleading because it does not contain the amount, type and percentage of vanilla as a component of the total flavor ingredients that is required and consistent with consumer expectations," the suit states. "Had plaintiff and class members known the truth, they would not have bought the Product or would have paid less for it."

Piochardo seeks monetary damages, a trial by jury, interest and all other just 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 1:20-CV-00493

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