SAN FRANCISCO (Legal Newsline) - A federal class action lawsuit against Kroger accuses the grocery store of unethical consumer practices.
The allegation was filed on April 22 in the U.S. District Court for the Northern District of California by plaintiff Michael Gammino, who filed the suit over Kroger's sparkling beverage line, which prominently advertises fruit flavors such as white grape, pineapple coconut, peach and kiwi strawberry on the bottle packaging.
The plaintiff says that Kroger does not indicate anywhere on its label that the fruit flavors are artificial and alleges that the water is consequentially misbranded under federal and state laws.
Kroger is accused of violating the Ohio Consumer Sales Practices Act, the California Consumers Legal Remedies Act, the Unfair Competition Law and California False Advertising Law, as well as breach of express warranty, breach of implied warranty, common law fraud by omission, negligent misrepresentation and money had and received.
The class is represented by the Law Offices of Ronald A. Marron of San Diego and the Elliot Law Office PC also of San Diego.