A consumer has filed a putative class action challenging La Lechonera Products Inc.’s “all natural” and “no preservatives” representations on its marinade packaging, alleging that the presence of citric acid and canola oil in the product preclude the company from making those marketing claims. Williams v. La Lechonera Prods. Inc., No. 2018-39361-CA-01 (Fla Cir. Ct., 11th Jud. Dist., filed November 26, 2018). The complaint asserts that canola oil and citric acid are substantially processed and synthetic ingredients.

The plaintiff alleges that La Lechonera injured him and other consumers in 14 ways, including that the consumers “paid a sum of money for Products that were not as represented,” “ingested a substance that Plaintiff and other members of the Class did not expect or consent to,” “were denied the benefit of truthful food labels,” and “were forced unwittingly to support an industry that contributes to environmental, ecological, and/or health damage.” The plaintiff seeks class certification, injunctive relief, damages and attorney’s fees for an alleged violation of Florida’s consumer-protection statutes, breach of express warranty and unjust enrichment.

About The Author

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.