A class action lawsuit claims that Living Intentions’ Activated Superfood Nut Blend White Chocolate does not contain white chocolate, despite advertising that states otherwise.
Plaintiff Charid Ruiz says that the Nut Blend product is misbranded and misleads consumers about what is being purchased.
The Living Intentions Activated Superfood Nut Blend class action lawsuit claims that the product is marketed online as well as in stores across the United States.
The lead plaintiff explains in the Living Intentions class action that he purchased the Activated Superfood Nut Blend White Chocolate product on Amazon in July 2018.
The Living Intentions class action lawsuit says that consumers, like Ruiz, purchase the product based on the reasonable conclusion that it contains white chocolate and are tricked into paying a premium for the item.
The class action lawsuit against Living Intentions says that the company is violating consumer product laws across the country and that the labels are false advertising.
Ruiz says that after buying the Activated Superfood Nut Blend White Chocolate product, he analyzed the snack and found that it did not contain the true ingredients for white chocolate, which are dairy ingredients, cocoa butter, and a sweetener.
The claims made in the Living Intentions class action lawsuit argue that the company’s product falls short of the FDA definition of white chocolate as well.
Ruiz contends that he and other reasonable consumers are the victims of false advertising and that if consumers were aware that the Living Intentions product did not really contain white chocolate they wouldn’t have purchased it in the first place.
The Living Intentions class action lawsuit is filed on behalf of all persons in the U.S. who purchased the Activated Superfood Nut Blend White Chocolate product within applicable limitations periods for the purpose of consumption rather than resale.
Labels are relied upon by consumers to make decisions about which products to purchase, so the use of a label that contains misleading or false information could cause harm for buyers.
The lawsuit argues that consumers were injured by being led to believe that they were purchasing a premium product and that these consumers should be entitled to compensation as a result of the manufacturer’s wrongful acts.
The plaintiff and proposed Class are represented by C.K. Lee and Anne Seelig of Lee Litigation Group PLLC.
The Living Intentions Activated Superfood Nut Blend White Chocolate Class Action Lawsuit is Ruiz v. Living Intentions LLC, Case No. 1:18-cv-09200-JSR, in the U.S. District Court for the Southern District of New York.
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