SAN JOSE – A Salinas consumer has filed a class-action lawsuit against a food manufacturer over its octopus products, alleging it falsely advertised the actual contents of its product.
Luis Diego Zapata Fonseca filed a complaint on behalf of all others similarly situated on May 11 in the U.S. District Court for the Northern District of California against Goya Foods Inc. citing breach of express warranty, unjust enrichment and other counts.
According to the complaint, the plaintiff alleges that the defendant uses giant squid in its octopus products but advertises the product as octopus. He alleges the defendant uses squid as a cost-saving measure. The plaintiff holds Goya Foods Inc. responsible because the defendant allegedly manufactured and distributed its products knowing that it does not contain what was advertised on its label.
The plaintiff requests a trial by jury and seeks compensatory and punitive damages, interest, restitution and all other form of equitable monetary relief, all legal fees and any other relief as the court deems just. He is represented by L. Timothy Fisher of Bursor & Fisher PA in Walnut Creek and James P. Gitkin of Salpeter Gitkin LLP in Fort Lauderdale, Florida.
U.S. District Court for the Northern District of California, San Jose Division Case number 5:16-cv-02559