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A class action alleging Trader Joe’s dupes customers into buying truffle oil that is flavored with chemicals rather than black truffles was filed in New York federal court.
Lead plaintiffs Tyoka Brumfield and Cynthia Torocsik say Trader Joe’s sells a product called “Black Truffle Flavored Extra Virgin Olive Oil” that is flavored with “an industrially produced, chemically derived perfume known as 2,4-dithiapentane.”
According to the class action complaint, “[t]he mislabeling of Trader Joe’s truffle oil renders the product completely worthless.” The plaintiffs allege that compared to regular olive oil, Trader Joe’s charges 34 percent more for the synthetically flavored product.
“To make matters worse, according to the New York Times, ‘one teaspoon of ‘truffle aroma,’ the amount typically used in an eight-ounce bottle of white truffle oil (black truffle oil is made with a lesser quantity of the same chemical) costs about 40 cents.’ By comparison, actual truffles cost hundreds or even thousands of dollars per ounce,” the Trader Joe’s class action states.
“By mislabeling its products, Trader Joe’s dupes consumers into purchasing something that is not truffle oil,” allege the plaintiffs. “Nevertheless, Trader Joe’s truffle oil is labeled and sold as premium truffle oil, and it commands a significant price premium over other olive oil products.”
The plaintiffs allege that Trader Joe’s deceives customers into believing the oil contains real truffles by including “Black Truffle” in large, vertical letters on the bottle. “[The plaintiffs] saw these representations prior to and at the time of purchase, and understood them as representations and warranties that the product was, in fact, flavored by black truffles,” says the Trader Joe’s class action complaint.
The Trader Joe’s lawsuit alleges that the oil is flavored with 2,4-dithiapentane, also known as formaldehyde dimethyl mercaptal, which is synthetically prepared by the acid-catalyzed addition of methyl mercaptan to formaldehyde. The plaintiffs claim that although the synthetic ingredient mimics the taste and smell of truffles, it is not truffle. The lawsuit also states that the chemical is listed as an irritant, flammable and may cause central nervous system problems if ingested.
“Nothing boosts the prestige and price of a food or beverage like the perception that it is traditional, hand-picked, fresh or otherwise limited in production,” argues the Trader Joe’s class action complaint.
The plaintiffs point out that truffles are especially rare and expensive and, in a time where convenience is a priority, “the desire for a convenient, ever-ready supply of an ingredient, and a hunger for the traditional, the rare, and ‘real food’ — has created an environment ripe for fraudulent behavior. This, in turn, led to what seems to be a remarkably successful scam on foodie culture: truffle oil.”
The class action seeks to represent a Class of those who purchased Trader Joe’s Truffle Oil in New York and California. The plaintiffs are seeking $5 million in damages.
Brumfield and Torocsik are represented by Joshua D. Arisohn and Neal J. Deckant of Bursor & Fisher PA.
The Trader Joe’s Fake Truffle Oil Class Action Lawsuit is Tyoka Brumfield, et. al. v. Trader Joe’s Co., Case No. 1:17-cv-03239, in the U.S. District Court for the Southern District of New York.
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