A consumer has filed a putative class action alleging New England Coffee Company (NECC) mislabels its Hazelnut Crème Coffee by failing to include a front-label disclosure that the product contains natural and artificial flavors. Dumont v. Reily Foods Co., No. 18-10907 (D. Mass., filed May 7, 2018). “Rather, buried on the back side of the label in the far-left corner in tiny print was the only indication that the Product did not contain its characterizing ingredient [hazelnut],” the complaint asserts.

The plaintiff argues that the front-label disclosure is a legal requirement and “a material term on which a reasonable consumer would rely.” The complaint points to examples of competitors’ hazelnut coffees that contain front-of-package disclosures as well as similar disclosures on other varieties of coffee sold by NECC. The complaint asserts that after the plaintiff sent a notification-and-demand letter to NECC in 2017, the company added the disclosure to 15 of the 27 flavored coffees it sells.

Alleging violation of Massachusetts laws prohibiting deceptive acts or practices and unfair competition, untrue and misleading advertising and unjust enrichment, the plaintiff seeks class certification, damages, restitution, disgorgement and attorney’s fees.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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