CHICAGO (Legal Newsline) — An Illinois man has filed a class action lawsuit alleging Wahlburgers pickles are fraudulently labeled as "all natural" when they contain a chemical preservative.
Kyle Counts, individually and on behalf of all others similarly situated filed a complaint Jan. 16 in the U.S. District Court for the Northern District of Illinois against Arkk Food Company and Wahlburgers I, alleging unjust enrichment and other claims.
Counts alleges in his class action that he purchased Wahlburgers Fresh Dill Spears and Wahlburgers Fresh Dill Chips at grocery stores in Illinois between September and October 2022. He claims the products' labels state "fresh," "all natural" and having "no preservatives," which is false and misleading to consumers.
Counts alleges the pickles contain "considerable amounts" of sodium benzoate, an artificial chemical preservative. He claims the defendants "go to considerable lengths" to mislead consumers into thinking the pickles are all natural and conceal the fact the products contain the chemical preservative. He also claims consumers pay more for the products based on the deceptive labeling and marketing and that pickles with artificial and chemical preservatives usually sell for one to two dollars less than "truly fresh pickles."
Counts claims consumers are "duped" into paying a premium price for the pickles which are fraudulently labeled.
Counts and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Kevin Laukaitis of The Laukaitis Law Firm LLC in Philadelphia and Michael Reese of Reese LLP in New York.
U.S. District Court for the Northern District of Illinois case number 1:23-CV-00236