NEW YORK (Legal Newsline) — A class action plaintiff seeks compensation for purchasing a candy that contained a choking hazard, though she doesn't allege that she choked on it.
Sonia Cauchi, individually and on behalf of all others similarly situated, filed a complaint Oct. 9 in the U.S. District Court for the Eastern District of New York against Candy Dynamics Inc., alleging unjust enrichment and other claims.
According to her class action, Cauchi purchased the defendant's Slime Licker Sour Rolling Liquid Candy. She claims Candy Dynamics acknowledged that the products were a potential hazard in October when it issued a nationwide recall.
Cauchi further claims that there have been at least two reports of the rolling ball on the candy, which is being marketed to children, detaching from the container, which could lead to choking. She alleges that consumers who purchased the products did not get the "benefit of the bargain" because they could only receive a refund for the recalled products only if they still contained liquid candy.
Cauchi and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Jason Sultzer, Daniel Markowitz and Nick Suciu III of Milberg Coleman Bryson Phillips Grossman PLLC in Bloomfield Hills, Michigan.
U.S. District Court for the Eastern District of New York case number 1:23-CV-07522-BMC