WEST PALM BEACH, Fla. (Legal Newsline) — The manufacturer of a lemon-flavored biscotti is facing a class action alleging its product misleads consumers about its real lemon contents.
Nancy Goldstein, individually and on behalf of all others similarly situated, filed a complaint Sept. 21 in the U.S. District Court for the Southern District of Florida-West Palm Beach Division against Nonni's Foods, LLC alleging violation of the Florida Deceptive and Unfair Trade Practices Act, consumer fraud, breach of express warranty and other claims.
Goldstein alleges in her class action that Nonni's Foods falsely represents that its Limone Biscotti cookies contain "real ingredients" and no "artificial flavors." She claims the product contains a "de minimis amount of lemon" and that Nonni's uses "lemon extenders and enhancers" from non-lemon sources.
Goldstein further claims consumers paid more for the product because they believe the cookies get their taste "exclusively or predominantly" from lemon ingredients. She also claims laboratory testing showed the cookies contain a miniscule amount of lemon that is not correctly displayed on the label and is misleading to consumers.
Goldstein claims Nonni's Foods misrepresented the composition and attributes of the product in violation of Florida's Deceptive and Unfair Trade Practices Act. She also claims Nonni's Foods intended for consumers to rely on the false statements for the purpose of selling its product and that pictures of lemon rind and lemon peel on the box falsely represent the cookies' main flavor is lemon from lemon ingredients.
Goldstein seeks monetary relief, trial by jury and all other just relief. She is represented by Will Wright of The Wright Law Office PA in West Palm Beach and Spencer Sheehan of Sheehan & Associates PC in Great Neck N.Y.
U.S. District Court for the Southern District of Florida West Palm Beach Division case number 9:22-CV-81462-AMC