SACRAMENTO – A Davis consumer has filed a class-action lawsuit against a food manufacturer alleging it made false claims about its product.
George Brahler filed a complaint on behalf of all others similarly situated on April 25 in the U.S. District Court for the Eastern District of California against Kraft Heinz Foods Co. citing alleged breach of implied warranty, breach of express warranty, unjust enrichment, violation of California's false Advertising Law and other counts.
According to the complaint, the plaintiff alleges that in October 2015, he purchased a product that does not contain the advertised ingredients. The plaintiff holds Kraft Heinz Foods Co. responsible because the defendant allegedly labeled its product saying that it contains 100 percent Parmesan cheese but a testing by the Food and Drug Administration confirms that it also contains cellulose as cut-rate fillers.
The plaintiff requests a trial by jury and seeks injunctive and other equitable relief, restitution, disgorgement of all profits and unjust enrichment that the defendant obtained as a result of fraudulent business practices, compensatory damages, exemplary damages, interest, all legal fees and any other relief as this court deems just. He is represented by Matthew J. Preusch, Tana Lin and Michael Meredith of Keller Rohrback LLP in Santa Barbara.
U.S. District Court for the Eastern District of California Case number 2:16-cv-00849-JAM-EFB