On January 23, 2021, plaintiffs submitted a putative class action complaint in the United States District Court Southern District of New York against Icelandic Provisions, Inc. (“Company”), which sells Skyr, a regular Icelandic cultured dairy products. Plaintiffs allege that the Company’s internet marketing and promotion misleads shoppers to feel that the Skyr is built in Iceland when really it is made in Batavia, New York.
The grievance alleges fraud, negligent misrepresentation, unjust enrichment, and violation of state shopper-security statutes. Plaintiffs claim that the depiction of the Icelandic countryside with a snow lined backdrop, the statement “Traditional Icelandic Skyr,” and Company’s name, “Icelandic Provisions” misleads buyers to imagine that the product is built in Iceland. Moreover, the plaintiffs declare that Company’s inclusion of “Developed in partnership with MS Iceland Dairies, Reykjavik, ISL” is misleading because it furthers the perception that the Skyr is designed in Iceland.
The plaintiff’s counsel is Sheehan & Associates, a firm that has turn out to be recognized in the latest several years for its pursuit of class action litigation claiming hurt to consumers from allegedly deceptive foodstuff labeling. The Sheehan organization has represented a selection of class action plaintiffs in the latest flavor labeling troubles. Origin and geographic statements have drawn scrutiny from the Federal Trade Commission, point out regulators, and most recently, course action plaintiffs’ lawyers.
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