WHITE PLAINS, N.Y. (Legal Newsline) — A consumer class action alleges Combos stuffed snacks do not contain a significant amount of real cheese as depicted on its label.
Christine Rodriguez, individually and on behalf of all others similarly situated, filed a complaint May 25 in the U.S. District Court for the Southern District of New York against Mars Wrigley Confectionary US, LLC alleging breach of express warranty, fraud and other claims.
According to Rodriguez's complaint, she purchased the defendant's Combos stuffed snacks between June 2020 and the present at various stores in the Bronx area. She claims the snack does not contain a "significant, predominant and/or absolute amount of real cheese" despite its front label stating "filling made with REAL CHEESE" which is above a photo of a fresh block of cheddar cheese.
Rodriguez alleges she did not know the product did not contain the amount of real cheese expected but instead has "lower quality substitutes such as dairy product solids." She further alleges the defendant's false and misleading representations cause the product to be sold at a premium price and that consumers pay more for the product which is "materially less than its value." Rodriguez claims the defendants fraudulently omitted the qualities of the product than if it had real cheese.
Rodriguez seeks monetary relief, trial by jury and all other just relief. She is represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York.
U.S. District Court for the Southern District of New York case number 1:23-CV-04422