NEW YORK (Legal Newsline) - After months in state court, a lawsuit against Schwan's over preservatives in its chocolate creme pie is now in federal court.
Schwan's Consumer Brands, Inc. is facing a class action lawsuit filed in September by Cassandra Thompson in New York County State Supreme Court and the defendant removed the case to federal court on Feb. 5.
Thompson alleges that Schwan's Consumer Brands falsely and misleadingly marketed its frozen chocolate crème pie under the Edwards brand as having "No Preservatives." According to the complaint, this claim is false because the product contains chemical preservative ingredients which perform preservative functions.
"Consumers who view the ingredient lists are not told that these chemical ingredients are preservatives and function as preservatives," the suit says.
"As a result of the false and misleading representations, the Product is sold at a premium price, approximately no less than no less than approximately $6.19 per 25.5 oz (722 g) for one pie, excluding tax and sales, higher than similar products, represented in a non-misleading way, and higher than it would be sold for absent the misleading representations and omissions."
Thompson is represented by Spencer Sheehan of Sheehan & Associates, P.C.