NEW YORK (Legal Newsline) — The maker of Barilla tomato sauces is being sued over their labeling as preservative-free when they allegedly contain a commercially made preservative.
Trachele Long, individually and on behalf of all others similarly situated, filed a complaint Aug. 25 in the U.S. District Court for the Southern District of New York against Barilla America Inc., alleging breach of express warranty, violation of New York Business Law and other claims.
Long claims in her class action that Barilla's tomato sauces are falsely labeled as having "No Preservatives" when they contain citric acid, a known preservative in food products. Long, according to her complaint, purchased Barilla's sauce on multiple occasions in the New York area.
She alleges Barilla used false and misleading representations about its tomato sauce containing the preservative and that she and other consumers would not have purchased the sauce or would have paid a lesser price if they had known of the false labeling.
She further alleges Barilla is capitalizing on consumers' preference for preservative-free products and has been unjustly enriched due to its misrepresentations. Long claims that citric acid contained in products is commercially produced and that more than 90% of the commercially produced citric acid is derived from black mold, which causes swelling, stiffness, joint pain and other side effects in humans.
Long and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Julian Diamond and Frederick Klorczyk, III of Bursor & Fisher PA in New York.