California Resident Targets Chewing Gum Maker in Purported Class Action

Alleging that no scientific evidence supports Wm. Wrigley Jr. Co.’s claim that the cardamom in its Eclipse® Breeze chewing gum “neutralize[s] the toughest breath odors,” a California resident has filed consumer fraud claims against the company in a federal court on behalf of a nationwide class of consumers. Sityar v. Wm. Wrigley Jr. Co., No. 10-5965 (C.D. Cal., filed August 10, 2010). The complaint alleges that he was misled by the company’s claims and “has spent money purchasing the Product at a price premium when the Product actually had less value than was reflected in that price he paid for the Product.”

Seeking restitution, disgorgement, declaratory and injunctive relief, a corrective advertising campaign, costs, and attorney’s fees, the plaintiff alleges violations of California unfair competition and false advertising laws, breach of express warranty and violation of California’s Consumer Legal Remedies Act. The plaintiff alleges that the only evidence of “medicinal properties” attributed to cardamom appears in the Encyclopedia of Spices and is based on traditional lore. He also alleges that a company spokesperson responded to his request for scientific support by stating, “Unfortunately, we do not have a copy of the scientific study that you have requested available to send.”