Spitz Class Action Claims Sunflower Seeds Contain Dirt and Maggots

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Two California plaintiffs are raising false advertisement claims over packs of Spitz Sunflower Seeds that they claim contained maggots.

Plaintiffs Larriel and Lalonie Williams say that Spitz Sunflower Seeds are falsely advertised as an edible product when in fact they contain “maggots and dirt that render the product inedible and dangerous for consumption.”

They are now suing Pepsico Inc., a North Carolina corporation based in New York that markets Spitz Sunflower Seeds.

The Spitz Sunflower Seeds class action lawsuit doesn’t assert the plaintiffs or Class Members were physically harmed by the contaminants in the sunflower seeds.

Rather, the Williamses claim the sunflower seeds are falsely advertised.

They accuse Pepsico of deceptively representing that Spitz Sunflower Seeds are safe and even enjoyable to eat, when in fact they are inedible and dangerous to consume.

The plaintiffs claim the contamination of these products was no accident. They allege Pepsico was fully aware, or at least should have known, that Spitz Sunflower Seeds contain contaminates that render the product inedible, yet continue to market the product for human consumption.

Without these representations, they claim, neither they nor proposed Class Members would have bought Spitz Sunflower Seeds.

They say that based on these representations, consumers can’t ascertain that the product is inedible and dangerous.

“Such sales tactics as used by Defendant rely on falsities and have a tendency to mislead and deceive a reasonable consumer,” the Spitz Sunflower Seeds class action lawsuit reads.

The plaintiffs say they bought a pack of Spitz Sunflower Seeds from a Chevron in Carson, Calif. in February 2016, relying on assurances by the defendant that the product is edible and enjoyable.

After buying the sunflower seeds at a cost of over $2.30, plaintiffs discovered that the pack contained maggots and dirt.

Their Spitz Sunflower Seeds class action lawsuit includes a photo looking into one such pack, with a few maggots plainly visible near the top of the bag.

When they went back to the Chevron to complain, they say they found other products made by the defendants that also contained maggots and dirt.

The Williamses say the discovery made them feel “ripped off, cheated by, and damaged” by defendant.

They claim that in exchange for the money they paid, they received nothing but “severe disgust and damage.”

The Spitz Sunflower Seeds class action lawsuit claims Pepsico’s actions violate California’s False Advertising Act, Unfair Business Practices Act, and Consumer Legal Remedies Act.

The lawsuit also makes a claim for strict liability under California’s Sherman Food, Drug, and Cosmetic Law and other claims under California common law.

Plaintiffs propose to represent a Class consisting of all citizens of California who purchased the products at issue during the applicable statute of limitations period.

They seek an order requiring defendant Pepsico to conduct a corrective advertising campaign. They are also asking for an award of damages (including punitive damages), restitution of funds acquired by defendant from the sale of the allegedly misbranded products, plus court costs and attorneys’ fees.

The plaintiffs are represented by Todd M. Friedman, Adrian R. Bacon, Meghan E. George and Thomas E. Wheeler of the Law Offices of Todd M. Friedman PC.

The Spitz Sunflower Seeds False Advertising Class Action Lawsuit is Williams, et al. v. Pepsico Inc., Case No. 2:16-cv-07569, in the U.S. District Court for the Central District of California.