CHICAGO (Legal Newline) — Herr Foods is facing a consumer class action alleging it falsely mislabels its Jalapeno Poppers cheese snacks' flavoring ingredients in order to sell the product at a higher price.
Jennifer Forlenza, individually and on behalf of all others similarly situated, filed a complaint against Herr Foods Inc., alleging violation of the Illinois Consumer Fraud and Deceptive Business Practices Act and other claims.
Forlenza alleges in her class action that Herr Foods makes false representations on its label for Jalapeno Poppers flavored cheese curls. Specifically, Forlenza claims the representations of the product's "flavored cheese and/or jalapenos" is deceptive because it omits the fact that the product's flavor is from artificial flavoring.
She further claims the product's label pictures a jalapeño and cheese along with the words which makes consumers believe the taste is derived from these ingredients when its seasoning contains artificial flavors. Forlenza alleges that consumers reasonably expect the cheese curls to contain jalapenos filed with cheese when it actually contains green bell pepper powder and chipotle pepper "seasoning" to give its flavoring.
She claims Herr Foods has sold more of the product at higher prices and that the product is worth less value than represented by the defendant. Forlenza also claims Herr Food's actions constitute fraud as well as negligent misrepresentation and breaches of express warranty.
Forlenza and the class seek monetary relief, trial by jury and all other just relief. They are represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York.
U.S. District Court for the Southern District of Illinois Eastern Division case number 1:22-CV-05278