ST. LOUIS (Legal Newsline) — A class action lawsuit alleges Kroger shoppers are tricked into thinking smoked gouda was actually smoked.
Bridgett Coburn, individually and on behalf of all others similarly situated, filed a complaint Nov. 2 in the U.S. District Court for the Eastern District of Missouri against The Kroger Company, alleging violation of the Missouri Merchandising Practices Act and other claims.
Coburn alleges in her class action that Kroger's Private Selection "Smoked Gouda" is falsely labeled. She claims the cheese product labeling is misleading because the front label statement of "Smoked Gouda" and "distinctive smoky flavor" fails to disclose "the addition of liquid smoke flavoring."
Coburn alleges that consumers are misled because the defendant's statements on the label are identical to Gouda cheeses that get their smoked flavor from being "smoked over hardwoods" when Kroger's quality is not equal because it is added smoke flavor.
She further alleges the defendant discloses the addition of smoked flavor on the back of the product label where customers are not likely to read. Coburn claims consumers are harmed by the defendant's actions because they pay a premium for the cheese.
Coburn and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Daniel Harvath of The Harvath Law Group LLC in Webster Groves and Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York.