EAST ST. LOUIS - A proposed class action against Del Monte Foods alleges it falsely labels its green beans as having "no preservatives."
Jaymee Fleming filed a federal class action lawsuit on Nov. 11 in the U.S. District Court for the Southern District of Illinois Benton Division against Del Monte Foods, Inc.
The lawsuit alleges violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, breaches of express warranty, implied warranty of merchantability and Magnuson Moss Warranty Act, negligent misrepresentation, fraud and unjust enrichment.
Del Monte Foods manufactures, labels, markets, and sells Farmhouse Cut Green Beans described as “fresh cut,” “with natural Sea Salt,” and containing “no preservatives.” Preservatives are used to maintain the quality of food and consist of natural preservatives or artificial preservatives with Sea Salt being considered a natural preservative.
Fleming alleges that Del Monte Foods markets the Farmhouse Cut Green Beans as containing "no preservatives." However she claims this labeling is fraudulent and misrepresented as the product does contain salt, which is a natural preservative.
Fleming seeks preliminary and permanent injunctive for the defendant to correct its practices, injunctive relief to remove, correct and/or refrain from the challenged practices and representations, restitution and disgorgement for members of the class; an award of monetary, statutory and/or punitive damages, costs and expenses. Fleming is represented by Spencer Sheehan of Sheehan and Associates, P.C. of Great Neck, N.Y.
District Court Southern District of Illinois Benton Division case number 3:21-cv-01462-SMY