Consumer Targets Dave’s Gourmet Pasta Sauces in ECJ Lawsuit

A consumer has filed a putative class action against Dave’s Gourmet,
Inc. alleging the company deceives its customers by listing evaporated
cane juice (ECJ) on its sauce labels rather than the U.S. Food and Drug
Administration’s (FDA’s) preferred term, sugar. Kazemi v. Dave’s
Gourmet, Inc., No. 16-5269 (N.D. Cal., filed September 14, 2016). The
complaint asserts that the plaintiff and other members of the putative
class “would have paid less for the Products or would not have purchased
the Products had they known that the Products’ listing of ECJ as an
ingredient claim was false, misleading, and deceptive.” For alleged
violations of California’s and Florida’s consumer-protection statutes, the
plaintiff seeks class certification, injunctions, restitution, damages and
attorney’s fees.

Issue 618