On Tuesday, Conrad Raczkowski filed a class action complaint against Pinnacle Foods Inc. in the Central District of Illinois. The plaintiff is claiming that the defendant had misrepresented their vegetable oil spread, because the product does not contain olive oil as stated on the packaging.
The complaint states that “As a result of the false and misleading representations, the Product is sold at a premium price, higher than similar products, represented in a non-misleading way, and higher than it would be sold for absent the misleading representations and omissions.”
The plaintiff asserted that the Earth Balance product was promoted as being “Made With olive Oil.” However, according to the complaint, the product contains a smaller than expected volume of oil; it appears as a component of vegetable oil blend on the ingredients list, but is the last of the four listed oils, which are presented in order of predominance.
The plaintiff is accusing the defendant of using such a small quantity that it is a misleading the consumer of what the product contains.
The defendant is facing six different counts which include, violation consumer fraud, breaches of express warranty, negligent misrepresentation, fraud, and unjust enrichment.
The plaintiff is being represented by Sheehan & Associates, P.C.