New Filings – January 24, 2018

Quiroz v. The Apple & Eve, LLC, No. 2:18-cv-00401 (E.D.N.Y.): Putative class action alleging violation of New York's Deceptive and Unfair Trade Practices Act and False Advertising provision of the GBL, as well as California's CLRA, UCL and FAL, and raising a claim for common law fraud. Plaintiff alleges that Defendant falsely and misleadingly labels its juice products, representing them as having "No Sugar Added" and claiming "[no] preservatives have been added," leading consumers to believe that "they are receiving a healthier, lower-calorie juice, when they are not." Jocelyn v. PVK, Inc., No. 1:18-cv-00427 (E.D.N.Y.): Putative class action alleging violation of New York's Deceptive and Unfair Trade Practices Act and the False Advertising provisions of the GBL, and raising a claim for common law fraud. Plaintiff alleges that Defendant markets its pasta sauce as having "no preservatives" even though it actually contains citric acid. Morrison v. Barcel USA, LLC, No. 1:18-cv-00531 (S.D.N.Y.): Putative slack-fill class action alleging violation of New York's Deceptive and Unfair Trade Practices Act and the False Advertising provisions of the GBL, and raising a claim for common law fraud. Plaintiff alleges that the packaging for Defendant's Rolled Tortilla Chips contains 64 percent non-functional empty space.