Consumer Alleges 7-11 Misrepresented Peanuts as Naturally Flavored
An Illinois man has sued 7-Eleven, alleging the convenience store chain’s private-label spicy jalapeno-flavored jumbo peanuts misled consumers as to whether they were naturally flavored. Wilim v. 7-Eleven, Inc., No. 22-4886 (N.D. Ill., filed September 9, 2022).
The plaintiff said in the suit that he read “Flavored Jumbo Peanuts — Spicy Jalapeño” on the packaging of the 7-Select brand jumbo peanuts and saw pictures of the two jalapeños and jalapeño slices on the packaging and believed the product got its flavor from jalapeños. He accuses 7-Eleven of misrepresenting the flavoring as natural when it is derived instead from artificial flavoring.
“Plaintiff is part of the majority of consumers who avoid artificial flavors, based on their beliefs that foods with artificial flavor are less healthy than those without them,” the plaintiff said in the complaint. “Plaintiff did not expect the jalapeño taste was from artificial jalapeño flavoring because, in his experience, this is the type of information which is typically disclosed to consumers on the front label.”
The complaint asserts violations of the Illinois Consumer Fraud and Deceptive Business Practices Act and other state consumer fraud acts, as well as breaches of express and implied warranty, violation of the Magnuson-Moss Warranty Act, fraud, negligent misrepresentation and unjust enrichment. The plaintiff is seeking class certification, injunctive relief, damages, attorneys’ fees, costs and expenses.
