EAST ST. LOUIS - An Illinois woman filed a class action lawsuit against Kroger, claiming the company's "coffee creamer" products don't contain any actual cream.
Plaintiff Stacy Sumner filed a class action lawsuit in the U.S. District Court for the Southern District of Illinois against The Kroger Co. citing violations of the state's Consumer Fraud Acts. The suit was filed through Spencer Sheehan of Sheehan & Associates PC in Great Neck, N.Y.
The lawsuit alleges Kroger sells various products misleadingly labeled as "coffee creamer," which allegedly contain no actual dairy ingredients. She claims Kroger goes even further and puts the words "Ultra Pasteurized" on the label, which could lead consumers to expect that the products contain dairy ingredients. The plaintiff states that the list of ingredients on these products shows that they contain no actual dairy products and less than 1 percent of the milk derivative sodium caseinate. She adds that nowhere on the product is it labeled "non-dairy."
Sumner claims she bought the product, believing it to contain actual dairy products. She claims she paid a higher price than she would have for similar products that are correctly labeled as "non-dairy coffee whiteners."
According to the lawsuit, Kroger deceptively and fraudulently misrepresented the products in violation of the state's Consumer Fraud Acts.
Sumner is demanding a jury trial to seek damages for herself and everyone in her class action lawsuit plus court costs, plus attorney fees and any other relief the court deems proper. She is also seeking injunctive action to order Kroger to cease from further misrepresentation of its products.
U.S. District Court for the Southern District of Illinois case number 3:22-CV-01950