A Florida consumer has filed a proposed class action against biscotti maker Nonni’s Foods LLC, alleging the company misleads consumers as to how much lemon the company’s limone-flavored biscotti contains. Goldstein v. Nonni’s Foods LLC, No. 22-81462 (S.D. Fla., filed September 21, 2022).

The plaintiff’s suit specifically targets representations on the product’s label including “Limone (Lemon) Biscotti,” “Made with Real Sugar, Butter and Lemon Zest Oil,” “Real Ingredients” and “No Artificial Flavors.” She also notes images of lemon rind and peel on the product’s packaging.

“The representations are false, deceptive, and misleading, because the Product contains a de minimis amount of lemon,” the plaintiff alleges. She asserts the company was required to provide a designation on the product’s packaging that the product’s lemon taste is not from lemons, but from non-lemon sources, but failed to do so.

The plaintiff’s claims include allegations of fraud, negligent misrepresentation, unjust enrichment, as well as violations of the Magnuson-Moss Warranty Act and the Florida Deceptive and Unfair Trade Practices Act and other state consumer-fraud acts. She is seeking class certification, injunctive relief, damages, and costs and expenses, including attorneys’ fees.

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