NEW YORK (Legal Newsline) - A New York man’s class action complaint takes issue with Shop-Rite Supermarkets, Inc.’s representation of its soymilk beverages.
Sean Twohig filed the 28-page lawsuit in the United States District Court for the Southern District of New York on Jan. 28, stating that the products’ packaging deceives customers.
“The representations are misleading because the Product’s taste and flavor, recognized by consumers as vanilla, is not provided exclusively by vanilla beans despite the front label representation to the contrary,” the suit says.
According to the complaint, Shop-Rite’s conduct “was misleading, deceptive, unlawful, fraudulent, and unfair because it gives the impression to consumers the Products to contain sufficient amounts of the highlighted ingredient, vanilla, to independently characterize the taste or flavor of the Products, did not contain other flavor components which simulate, resemble or reinforce the characterizing flavor and only contained flavor from vanilla.”
Twohig and his fellow class members seek unspecified monetary damages and a jury trial.
They are represented by Spencer Sheehan of the law firm Sheehan & Associates, P.C., in Great Neck, N.Y.
U.S. District Court for the Southern District of New York Case No. 7:20-cv-00763