Is There a Class Action Lawsuit Agains Barilla Pasta
Barilla Pasta Sauce Deceptive Labeling Class Activeness Lawsuit Overview:
- Who: Pasta sauce customers are suing pasta and sauce maker Barilla.
- Why: The customers claim that Barilla labeled its sauces equally having "no preservatives" when they actually comprise the preservative citric acid.
- Where: The class action is looking to correspond consumers in Illinois, California and Kansas.
Pasta sauce customers who say Barilla America Inc. deceptively marketed its sauces as having "no preservatives" have been given the green light to keep with most of their form activity claims against the pasta giant.
Illinois federal judge U.S. District Judge Martha Pacold ruled that claims brought past plaintiffs Lynn Bolden, Leroy Jacobs and Harold Nyanjom could go along under consumer fraud laws in their home states; nonetheless, implied warranty and negligent misrepresentation claims could not, Law360 reported.
In a complaint filed in August 2019, the plaintiffs merits united states' consumer fraud laws were violated when Barilla put "no preservatives" labels on its jars of pasta sauce even though the products contain the known preservative citric acid.
The class action can besides proceed under breach of limited warranty and unjust enrichment claims, nevertheless the consumers do not qualify for an injunction, Judge Pacold ruled.
"They can avoid the outcome entirely past buying other sauce, or making other sauce," she said.
The negligent misrepresentation claims were struck down because the consumers can't bear witness physical injury of any sort.
"The nigh the [consumers] criminate is that they were exposed to an ingredient … known to beal acid reflux [and] cause heartburn and other health problems," the guess reportedly said. "They do not allege that [they] actually suffered any concrete injuries from consuming the products."
Consumers Take Six Weeks To Amend Their Complaint
The consumers have six weeks to meliorate their complaint, which names Barilla'due south traditional, chunky traditional, marinara, roasted garlic and tomato and basil recipes.
The trio of pasta sauce consumers are looking to correspond other Barilla customers in Illinois, California and Kansas.
The U.S. Food and Drug Administration recognizes citric acid as a preservative, the lawsuit says. This is the second time Barilla has been sued for the exact aforementioned allegations , this time under New York consumer laws.
What practice you call back of the claims against Barilla? Let us know in the comments!
The consumers are represented by Gordon Fauth Jr., Kathryn Ranoa and Mila Bartos of Finkelstein Thompson LLP and Nyran Rasche of Cafferty Clobes Meriwether & Sprengel LLP.
The Barilla Pasta Sauce Deceptive Labeling Class Action Lawsuit is Bolden et al. 5. Barilla America Inc., Case No. 1:nineteen-cv-02237, in the U.S. Commune Court for the Northern District of Illinois.
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Source: https://topclassactions.com/lawsuit-settlements/consumer-products/food/barilla-pasta-sauce-class-action-lawsuit-can-proceed-judge-rules/#:~:text=In%20a%20complaint%20filed%20in,the%20known%20preservative%20citric%20acid.
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