SAN JOSE – A San Mateo County man has filed a class-action suit against a retail chain, alleging it wrongfully labels certain brands of its cheese products.
Oscar Wand filed the class-action lawsuit on Feb. 26 in the U.S. District Court Northern District of California, San Jose Division against Wal-Mart Stores Inc. and Does 1 through 50, citing alleged unfair competition, violation of the California False Advertising Law, negligent misrepresentation, unjust enrichment and other counts.
According to the complaint, the plaintiff alleges that he was deceived into buying a product believed it to be 100 percent Parmesan cheese. The plaintiff holds the defendants responsible because they allegedly labeled their product as 100 percent grated Parmesan cheese when in fact it contained a significant percentage of cellulose in order to keep the cost down. As a result, the defendant was able to overcharge customers for merchandise, the suit states.
The plaintiff seeks the following: compensation for all damages including injunctive relief, legal fees and any other relief the court deems just and proper. He is represented by Aubry Wand of The Wand Law Firm in Culver City.
U.S. District Court for the Northern District of California, San Jose Division Case number 5:16-cv-00965