SAN FRANCISCO – A Florida man has filed a class-action suit against a pasta sauce maker based in San Francisco over allegations it falsely advertises its product.
Mojan Kazemi filed a complaint individually and on behalf of all others similarly situated on Sept. 14 in the U.S. District Court for the Northern District of California against Dave's Gourmet Inc. alleging violation of the False Advertising Law, Florida's Deceptive and Unfair Trade Practices Act and other counts.
According to the complaint, the plaintiffs allege that he was enticed to purchase defendant's products, particularly its variety of pasta sauces marketed to contain evaporated cane juice (ECJ). The suit states that ECJ is a term which is prohibited from use on food labels under California, Florida, and federal law because the term misleads consumers to think they are not buying the equivalent of sugar.
The plaintiffs hold Dave's Gourmet Inc. responsible because the defendant allegedly deceived consumers into buying what seems to be a healthier product by intentionally using an illegal term for sugar and failed to accurately identify sugar as an added ingredient of its food products.
The plaintiff requests a trial by jury and seeks to certify the suit as a class-action suit, declaratory and equitable relief, actual damages, attorney’s fees, costs, interest and other awards the court may deem just. He is represented by Benjamin M. Lopatin of Eggnatz, Lopatin & Pascucci LLP in San Francisco.
U.S. District Court for the Northern District of California Case number 3:16-cv-05269