LOS ANGELES – A consumer has filed a class-action lawsuit against Nestle' U.S.A. Inc. alleging it under-fills the boxes of one of its candies.
Sandy Hafer filed a complaint on behalf of all others similarly situated on Jan. 3 in the U.S. District Court for the Central District of California against Nestle' U.S.A. Inc. alleging breach of contract, breach of implied warranty, fraud, negligent misrepresentation, unjust enrichment and other counts.
According to the complaint, the plaintiff alleges that she suffered damages from purchasing a falsely advertised product. The plaintiff holds Nestle' U.S.A. Inc. responsible because the defendant allegedly sells its Raisinets candy with approximately 40 percent empty space in the product's boxes. She alleges she would not have purchased the product had she known the box was not full.
The plaintiff requests a trial by jury and seeks compensatory, punitive damages, interest, restitution, all legal fees and any other relief as the court deems just. She is represented by Barbara A. Rohr and Benjamin Heikali of Faruqi & Faruqi LLP in Los Angeles.
U.S. District Court for the Central District of California Case number 2:17-cv-00034-PSG-E