There’s no accounting for style when it comes to these advertisements, in accordance to two new Manhattan lawsuits.
A Greek yogurt tips shoppers into believing it has pure flavors, whereas a rum falsely claims to have been aged for 18 years, court docket papers allege.
Supermarket Price Chopper’s Greek vanilla yogurt makes use of the phrases, “vanilla”, “natural flavors” and an image of “two cured vanilla beans and a vanilla flower” on its container to suggest that it’s made with pure flavorings, in accordance to a Manhattan Supreme Court lawsuit filed by New York client Elizabeth Galkowski-Coira on Sunday.
“These representations tell consumers that the product will only have natural flavors,” the court docket paperwork declare.
But in reality, testing of the product carried out in 2020 and 2021 “confirmed the product’s ‘vanilla’ taste is not from vanilla beans or even ‘other natural flavors,’ but artificial flavor,” the court docket papers allege.
A big majority of shoppers really keep away from synthetic flavors due to their hyperlinks to detrimental well being and environmental results, the submitting says. And patrons are prepared to pay “a premium” for merchandise with pure flavors in them, the papers declare.
Everyday shoppers shouldn’t be anticipated to “scour the ingredient list on the back of the product to confirm or debunk prominent front label claims,” the court docket papers argue.
An identical lawsuit from Friday additionally says the rum Flor de Caña provides patrons the flawed impression that the spirit is aged for 18 years due to the label, which says “traditional artisanal,” “single estate rum,” and “18” proper above the phrases “slow aged.”
But really the liquor “is a mix of younger and older rums, purportedly with an ‘average’ age of 18 years old,” claims the swimsuit, filed by Manhattan man Richard Alonzo.
“This explanation is not provided to consumers and even if it were, it would be insufficient to correct the misleading impression created by the ’18 – Slow Aged’ representation,” the court docket papers allege.
“Blending rums of different ages without telling purchasers is deceptive because consumers have come to expect that prominent numbers on the front labels of spirits refers to the age of the youngest spirit used,” the court docket paperwork declare.
The rum is offered for $55.99 for 750 mL, “higher than it would otherwise be sold for, absent the misleading representations and omissions,” the submitting says.
Both instances are asking a choose to drive the businesses to right the alleged deceptive labeling and pay restitution. The plaintiffs are additionally searching for for the instances to be declared class-action lawsuits so different patrons can search compensation.
Spencer Sheehan, the plaintiff lawyer on each instances, informed The Post, “Consumers deserve truthful labeling about what’s in their foods.”
Neither Price Chopper nor the rum’s father or mother firm, William Grant & Sons, Inc., returned requests for remark from The Post on Monday.
The new instances come on the heels of a slew of comparable fits filed over the previous three years which all query the veracity of firm labels and claims.
In January, two California girls sued Subway claiming the sandwich chain’s tuna is faux. The quick meals large has vigorously denied the claims and doubled-down in ads that tout its “100 % wild caught tuna.”
In 2018, Queens man Josh Berger sued Halo Top claiming he was tricked into shopping for the food plan ice cream model, when he believed it will be the actual deal.
Similarly, Miguel Schelmetty of New York sued Tecate beer in November claiming the Holland-made model is masquerading as Mexican.