BELLEVILLE — A consumer has filed a class action lawsuit against Nestle for allegedly falsely advertising its coffee creamers as lactose-free.
Heather Erwin, individually and on behalf of all others similarly situated, filed a complaint April 18 in the St. Clair County Circuit Court against Nestle USA Inc. alleging it violated the Illinois Consumer Fraud and Deceptive Business Practices Act.
According to the complaint, the plaintiff alleges that in 2017, she purchased Nestle's Coffee-Mate coffee creamer in flavors including caramel macchiato, French vanilla and peppermint. She claims the creamers were advertised as being lactose-free but actually include sodium caseinate, a cow's milk derivative that contains lactose.
As a result, the plaintiff claims she was damaged for paying a premium price for the products that actually worth less than they were represented.
The plaintiff holds Nestle USA responsible because it allegedly falsely represented that the products are lactose-free.
The plaintiff requests a trial by jury and seeks an order certifying this case as a class action, award for compensatory damages, disgorgement of profits, interest, attorney fees, costs and all other relief deemed proper and just.
She is represented by David C. Nelson of Nelson & Nelson, Attorney at Law PC in Belleville, Matthew H. Armstrong of Armstrong Law Firm LLC in St. Louis and Stuart L. Cochran of Steckler Gresham Cochran PLLC in Dallas.
St. Clair County Circuit Court Case number 18-L-274