SAN FRANCISCO – A Marin County man alleges that a Rialto company used partially hydrogenated oil in its cookie products despite knowing the health risks and has filed a class-action lawsuit.
Troy Backus filed a complaint on behalf of all others similarly situated on July 12 in the U.S. District Court for the Northern District of California against Biscomerica Corp. alleging breach of implied warranty, violation of the Unfair Competition Law and other counts.
According to the complaint, the plaintiff alleges that in 2015, he purchased the defendant's trans fat cookies which contained partially hydrogenated oil. The suit states the oils have been determined unsafe by the Food and Drug Administration and the plaintiff alleges the defendant does not use safer alternatives to increase its profits.
The plaintiff holds Biscomerica Corp. responsible because the defendant allegedly manufactures products that are hazardous to his health and that he has lost money as a result of its behavior.
The plaintiff requests a trial by jury and seeks restitution, disgorge any benefits received from the allegedly unfair practice, order the defendant to participate in a corrective advertising campaign, damages, interest, all legal fees and any other relief as the court deems just. He is represented by Gregory S. Weston and David Elliot of The Weston Firm in San Diego.
U.S. District Court for the Northern District of California Case number 3:16-cv-03916