BELLEVILLE — A consumer has filed a class action lawsuit against Birds Eye Foods for allegedly falsely advertising the serving size of its pasta.
Theresa May filed a complaint on May 30 in the St. Clair County Circuit Court against Birds Eye Foods LLC, alleging the company violated the Illinois Consumer Fraud and Deceptive Business Practices Act.
According to the complaint, May purchased the defendant's Stemfresh Veggie Made Zucchini Lentil Pasta Original in March or April for $3.99.
However, the plaintiff claims she paid more for the product than it actually costs.
May alleges Birds Eye claims that the serving size of the pasta in question is 3.125 cups per container, but the package only contains 1.75 cups of pasta.
The plaintiff requests a trial by jury and seeks an order certifying the case as a class action, compensatory damages, disgorgement of ill-gotten gains, as well as interest, costs and fees and any further relief the court deems just and proper.
She is represented by David C. Nelson of Nelson & Nelson, Attorneys at Law 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-375