The plaintiff in a proposed class action lawsuit against Reily Foods Company and New England Coffee Company claims the latter’s Hazelnut Crème Coffee is falsely advertised, as it allegedly contains “none of its characterizing ingredient.”
Filed in Massachusetts, the complaint comes nine months after the plaintiff reportedly submitted by letter a formal demand that New England Coffee company end its allegedly deceptive advertisement and labeling of its hazelnut creme-flavored coffee. The plaintiff’s July 28, 2017 request also asked for remuneration for proposed class members, the case notes. In August 2017, the plaintiff’s counsel reportedly received a response from Reily Foods in which the company said it complies with all food labeling laws, and that the plaintiff has no claim.
According to the case, nowhere on the product’s packaging is there any indication that the coffee lacks its primary ingredient. Instead, the suit goes on, the product’s back label reveals in very small print that the coffee is “naturally and artificially” flavored. The plaintiff argues that the federal Food, Drug & Cosmetics Act requires the defendants to disclose on the front of the product’s packaging that their Hazelnut Crème coffee does not contain hazelnut.