NEW YORK (Legal Newsline) – Smoked Gouda has not been smoked, a class action lawsuit alleges.
Kisha Watson’s case against Dietz & Watson, filed Aug. 17 in New York federal court, targets the company’s Gouda, claiming it receives its smoke flavor from elsewhere.
“No reasonable consumer would be instinctively distrustful or skeptical of a product labeled ‘Smoked Gouda’ such that they would be inclined to verify whether the ingredient list disclosed a ‘smoke flavor,” the suit says.
“’Smoked Gouda’ that gets its smoked flavor from being smoked is not an unheard of or rare delicacy that it would make a reasonable consumer ‘double check’ the veracity of the prominent front label claims.”
But the ingredients list shows “natural smoke flavoring” on it. Class members paid more for the product than they would have had they known where the smoke flavor comes from, the suit says.