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Suit: Aldi's Barissimo brand coffee creamer falsely marketed as dairy product

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Thursday, November 21, 2024

Suit: Aldi's Barissimo brand coffee creamer falsely marketed as dairy product

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FORT LAUDERDALE, Fla. (Legal Newsline) — Aldi is facing a claim its Barissimo brand coffee creamer is fraudulently marketed as containing dairy ingredients.

Carol Byers, individually and on behalf of all others similarly situated, filed a complaint  Jan. 25 in the U.S. District Court for the Southern District of Florida against Aldi Inc., alleging violation of the Florida Deceptive and Unfair Trade Practices Act and other claims. 

Byers, according to her class action, purchased Aldi's Barissimo brand coffee creamer at various Aldi stores in South Florida between 2021 and 2023. She claims Aldi falsely represents the product as "coffee creamer" because it does not contain cream or dairy ingredients and instead contains substitutes such as soybean and/or palm oil. 

Byers also claims the product is not labeled "in a way that distinguishes it from coffee creamers" that are made from cream. She alleges Aldi labeling of the product is "confusingly similar" to other coffee creamer products that contain dairy ingredients. Byers claims in her suit that consumers "value coffee cream over non-dairy coffee whiteners" and pay a premium price for Barissimo and expect the product to contain cream from dairy ingredients and not vegetable oils. 

Byers and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by William Wright of The Wright Law Office PA in West Palm Beach, Florida and Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York. 

U.S. District Court for the Southern District of Florida Fort Lauderdale Division case number 0:23-CV-60143-WPD

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