Flavor God Class Action Lawsuit Alleges Fake Sales

A Los Angeles man has filed a class action lawsuit claiming Flavor God sales consist of “phantom discounts” on the company’s seasonings and other products. 

Lead plaintiff Dylan Sullivan alleges Flavor God sale prices are a “sham” because the company uses “false reference pricing” when offering items at a discount.

False reference pricing happens when a company makes up a fake regular or original price for an item, then offers that item at a deep “discount,” the class action lawsuit explains, which leads to consumers being misled into believing they are getting a good deal.

But those Flavor God sale price discounts are “fictitious” because the reference price is not a legitimate price at which the company sold a product, violating Federal Trade Commission (FTC) requirements, Sullivan alleges.

California and federal law prohibit false reference pricing, according to the class action lawsuit. 

“The law recognizes the reality that consumers often purchase merchandise marketed as being ‘on sale’ purely because the proffered discount seemed too good to pass up,” Sullivan’s complaint said.

The plaintiff says the company’s business model relies on customer deception.

On any given day, the Flavor God website displays “some form of a sale” in which nearly all the company’s products are allegedly marked down by a certain amount. The Flavor God sale price is displayed, along with a reference price, conveying to customers that the product was recently sold for that higher amount, the class action lawsuit states.

But Sullivan maintains the reference price is falsely inflated because the company “rarely, if ever” sells the products at that price.

“The only purpose of the Reference Price is to mislead customers into believing that the displayed Reference Price is an original, regular, or retail price at which Flavor God usually sells the item or previously sold the item in the recent past,” the class action lawsuit says. 

The reference price also cannot be an indication of the prevailing market price for the product because Flavor God only sells its products on its own website, Sullivan argues.

Adding to the problem are the messages such as “FALL SALE” displayed on the company’s website, which Sullivan says “give customers a sense of urgency” about taking advantage of fake Flavor God sale prices.

Sullivan says he fell victim to deceptive Flavor God sale tactics while shopping for seasonings in September.

He says Flavor God was advertising a “sale” on its site, so he browsed and eventually added Flavor God’s Garlic Lover’s seasoning to his cart. The item’s price was displayed as $6.26, down from $19.99.

The plaintiff claims he purchased the seasoning believing the representation that the $6.26 was, in fact, a discounted price, thereby falling “victim to the deception intended by Flavor God.”

“Flavor God knows that the prices are fake and artificially inflated and intentionally uses them in its deceptive pricing scheme on its website to increase sales and profits by misleading Plaintiff and Members of the putative class to believe that they are buying products at a substantial discount,” the class action lawsuit says.

Sullivan claims the he and the proposed Class Members would not have purchased Flavor God sale items or would have paid less for the products had they known the company was not being honest.

The class action lawsuit says the plaintiff is “susceptible to recurring harm” because he can’t be sure Flavor God has corrected its pricing and he wishes to shop on the site in the future.

He says he doesn’t have the resources to determine whether Flavor God is in compliance with state and federal law regarding pricing practices.

The plaintiff seeks to represent a Class of consumers including anyone in the U.S. who purchased products “at a discount from a higher reference price” on Flavor God’s website between Nov. 30 , 2016, and present and haven’t received a refund or credit for the purchase.

Alternatively, Sullivan seeks the certification of a Class of California consumers who made a similar purchase during the same period and haven’t received a credit or refund.

Flavor God is accused of violating California’s Unfair Competition Law, False Advertising Law and Consumer Legal Remedies Act, as well as fraudulent concealment.

Sullivan is seeking compensatory damages, pre- and post-judgment interest, attorneys’ fees and any other relief the Court deems appropriate.

He also demands a jury trial.

Have you purchased seasonings during a Flavor God sale? Do you feel like you got a good deal? Tell us about it in the comments below.

The plaintiff is represented by Kevin J. Cole of KJC Law Group APC.

The Flavor God Sale Price Class Action Lawsuit is Dylan Sullivan, et al. v. Flavorgod LLC, et al., Case No. 2:20-cv-10882, in the U.S. District Court for the Central District of California.

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