UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Case No.:

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1 Case :-cv-00-l-nls Document Filed 0// Page of 0 0 THE LAW OFFICE OF JACK FITZGERALD, PC JACK FITZGERALD (SBN 0) jack@jackfitzgeraldlaw.com The Palm Canyon Building 0 Fourth Avenue, Suite 0 San Diego, California 0 Phone: () -0 Fax: () - Counsel for Plaintiff and the Proposed Classes THAMAR SANTISTEBAN CORTINA, on behalf of herself and all others similarly situated, Plaintiff, v. GOYA FOODS, INC., Defendant. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Case No.: CLASS ACTION 'CV0 L COMPLAINT FOR: NLS VIOLATIONS OF THE CALIFORNIA UNFAIR COMPEITION LAW, CAL. BUS. & PROF. CODE 00 ET. SEQ.; VIOLATIONS OF THE CALIFORNIA FALSE ADVERTISING LAW, CAL. BUS. & PROF. CODE 00 ET. SEQ.; AND VIOLATIONS OF THE CALIFORNIA CONSUMERS LEGAL REMEDIES ACT, CAL. CIV. CODE 0 ET SEQ. DEMAND FOR JURY TRIAL

2 Case :-cv-00-l-nls Document Filed 0// Page of 0 0 Plaintiff THAMAR SANTISTEBAN CORTINA, on behalf of herself, all others similarly situated, and the general public, by and through her undersigned counsel, hereby brings this action against Defendant GOYA FOODS, INC. ( GOYA ), and alleges the following upon her own knowledge, or where she lacks personal knowledge, upon information and belief including the investigation of her counsel. INTRODUCTION. GOYA sells Malta Goya cola soft drinks throughout the state of California. Malta Goya beverages contain an amount of -methylimidazole (-MeI), a carcinogen, sufficient to expose California consumers to substantial health risks. GOYA, however, deceptively omits that Malta Goya beverages contain these amounts of -MeI. Plaintiff brings this action on behalf of herself and a class of California consumers to rectify the injuries caused by GOYA S unlawful practices, and to enjoin GOYA S ongoing deceptive omissions concerning the amount of -MeI in Malta Goya beverages. California. THE PARTIES. Plaintiff THAMAR SANTISTEBAN CORTINA is a resident of Bonita,. Defendant GOYA FOODS, INC. is a New Jersey company with its principle place of business at 00 Seaview Drive, Secaucus, New Jersey 00. JURISDICTION AND VENUE. This Court has jurisdiction over this action pursuant to U.S.C. (d)()(a), the Class Action Fairness Act, because the matter in controversy exceeds the sum or value of $,000,000 exclusive of interest and costs, at least one member of the class of plaintiffs is a citizen of a State different from Defendant. In addition, more than two-thirds of the members of the class reside in states other than the state in which Defendant is a citizen

3 Case :-cv-00-l-nls Document Filed 0// Page of 0 0 and in which this case is filed, and therefore any exceptions to jurisdiction under U.S.C. (d) do not apply.. The Court has personal jurisdiction over Defendant pursuant to Cal. Code Civ. P. 0.0, as a result of Defendant s substantial, continuous and systematic contacts with the State, and because Defendant has purposely availed itself of the benefits and privileges of conducting business activities within the State.. Venue is proper in this Southern District of California pursuant to U.S.C. (b) and (c), because Defendant resides (i.e., is subject to personal jurisdiction) in this district, and a substantial part of the events or omissions giving rise to the claims occurred in this district. A. Background Facts FACTS. -MeI is an impurity generated during the manufacture of caramel colors III and IV used in some soft drinks.. -MeI has been found by the National Toxicology Program to cause lung tumors in laboratory animals.. According to Urvashi Rangan, a toxicologist and Executive Director of the Consumer Reports Food Safety & Sustainability Center, There is no safe level of -MeI, but if you have to set a threshold, it should be well below the Prop level ( micrograms/day) and more like micrograms/day. Ragan calls exposure to -MeI an unnecessary risk. 0. According to testing performed by Consumer Reports, Malta Goya sold in California from April 0 to September 0 contained an average. micrograms of - MeI per -ounce serving.

4 Case :-cv-00-l-nls Document Filed 0// Page of 0 0. According to testing performed by Consumer Reports, Malta Goya sold in California in December 0 contained an average. micrograms of -MeI per -ounce serving. B. GOYA S Unlawful Practices. GOYA has had and continues to have exclusive knowledge of material facts concerning the amount of -MeI in the Malta Goya beverages.. GOYA has actively concealed from Plaintiff and the class material facts concerning the amount of -MeI in the Malta Goya beverages, as well as its potential health harms.. In advertising and selling the Malta Goya beverages, GOYA has and continues to deceptively omit that these soft drinks contain dangers levels of -MeI that expose consumers to cancer. C. Plaintiff s Purchase & Injury. Plaintiff is a regular Malta Goya purchaser and drinker, usually purchasing the beverages about once per month at either the Northgate Market located at 0 Third Avenue, in Chula Vista, California, or the Mercado Internacional located at Third Avenue, Chula Vista. She typically purchases individual cans (when they were previously available) or bottles, usually 0- at a time.. Plaintiff would not have purchased the Malta Goya beverages if she knew they contained a substance known to be a carcinogen and believed to be dangerous at the levels actually present in the beverages. CLASS ACTION ALLEGATIONS. Pursuant to Federal Rule of Civil Procedure, Plaintiff seeks to represent a class of all persons who purchased in California during the four years preceding the filing of this Complaint, Malta Goya primarily for personal, family, or household use, and not for resale.

5 Case :-cv-00-l-nls Document Filed 0// Page of 0 0. The members in the proposed class and subclass are so numerous that individual joinder of all members is impracticable, and the disposition of the claims of all class members in a single action will provide substantial benefits to the parties and Court.. Questions of law and fact common to Plaintiff and the class include: a. Whether the Malta Goya beverages contain -MeI and the amount; b. Whether -MeI is potentially dangerous in the amounts in the Malta Goya beverages; c. Whether information concerning the amount of -MeI in the Malta Goya beverages is material to a reasonable consumer; d. Whether a duty arose in GOYA to disclose the facts concerning the -MeI in its Malta Goya beverages; e. The proper equitable and injunctive relief; and f. The proper amount of restitution. 0. Plaintiff s claims are typical of class members claims in that they are based on the same underlying facts, events, and circumstances relating to GOYA S conduct.. Plaintiff will fairly and adequately represent and protect the interests of the classes, has no interests incompatible with the interests of the classes, and has retained counsel competent and experienced in class litigation.. The class is sufficiently large for purposes of class litigation because it contains at least hundreds of thousands of members who purchased the Malta Goya beverages in California the past years.. Class treatment is superior to other options for resolution of the controversy because the relief sought for each class member is relatively small such that, absent representative litigation, it would be infeasible for class members to redress the wrongs done to them.. Questions of law and fact common to the classes predominate over any questions affecting only individual class members.

6 Case :-cv-00-l-nls Document Filed 0// Page of 0 0. As a result of the foregoing, class treatment is appropriate under Fed. R. Civ. P. (a), (b)(), and (b)(). CAUSES OF ACTION FIRST CAUSE OF ACTION VIOLATION OF THE CALIFORNIA UNFAIR COMPETITION LAW, CAL. BUS. & PROF. CODE 00 ET SEQ. (FRAUDULENT PRONG). Plaintiff realleges and incorporates the allegations elsewhere in the Complaint as if fully set forth herein.. The UCL prohibits any unlawful, unfair or fraudulent business act or practice, Cal. Bus. & Prof. Code 00.. GOYA S deceptive omission of the dangerous amount of -MeI in the Malta Goya beverages is a fraudulent practice within the meaning of the UCL in that the omission is likely to deceive reasonable consumers and the public.. In accordance with Cal. Bus. & Prof. Code 0, Plaintiff seeks an Order enjoining GOYA from continuing to conduct business through fraudulent acts and practices, and to commence a corrective advertising campaign. 0. On behalf of herself and the class, Plaintiff also seeks an Order for the restitution of all monies from the sale of the Malta Goya beverages, which were unjustly acquired through acts of fraudulent competition. SECOND CAUSE OF ACTION VIOLATION OF THE CALIFORNIA FALSE ADVERTISING LAW, CAL. BUS. & PROF. CODE 00 ET SEQ.. Plaintiff realleges and incorporates the allegations elsewhere in the Complaint as if fully set forth herein.

7 Case :-cv-00-l-nls Document Filed 0// Page of 0 0. The FAL prohibits any statement in connection with the sale of goods which is untrue or misleading, Cal. Bus. & Prof. Code 00, including deceptive omissions of material fact.. GOYA S deceptive omission of the amount and health harms of the -MeI in the Malta Goya beverages was likely to deceive reasonable consumers and the public.. GOYA knew, or reasonably should have known, that it was deceptively omitting material information. restitution.. Plaintiff and the class are entitled to injunctive and equitable relief and THIRD CAUSE OF ACTION VIOLATIONS OF THE CALIFORNIA CONSUMERS LEGAL REMEDIES ACT, CAL. CIV. CODE 0 ET SEQ. (By the California Class). Plaintiff realleges and incorporates the allegations elsewhere in the Complaint as if fully set forth herein.. The CLRA prohibits deceptive practices in connection with the conduct of a business that provides goods, property, or services primarily for personal, family, or household purposes.. GOYA S policies, acts, and practices were designed to, and did, result in the purchase and use of the products primarily for personal, family, or household purposes, and violated and continue to violate the following sections of the CLRA: a. 0(a)(): representing that goods have characteristics, uses, or benefits which they do not have; b. 0(a)(): representing that goods are of a particular standard, quality, or grade if they are of another; c. CVS disparaged the goods, services, or business of another by false or

8 Case :-cv-00-l-nls Document Filed 0// Page of 0 0 misleading representation of fact, within the meaning of Cal. Civ. Code 0(a)(); d. 0(a)(): advertising goods with intent not to sell them as advertised; and e. 0(a)(): representing the subject of a transaction has been supplied in accordance with a previous representation when it has not.. As a result, plaintiff and the class members have suffered irreparable harm and are entitled to injunctive and equitable relief, and reasonable attorneys fees and costs. Plaintiff does not currently seek damages for her CLRA claim. 0. In compliance with Cal. Civ. Code (d), plaintiff s affidavit of venue is filed concurrently herewith. PRAYER FOR RELIEF. Wherefore, Plaintiff, on behalf of himself, all others similarly situated and the general public, prays for judgment against GOYA as to each and every cause of action, including: a. An Order certifying this as a class action and appointing plaintiff and her counsel to represent the classes; b. An Order enjoining GOYA from selling Malta Goya in California so long as the beverages contain a potentially dangerous amount of -MeI, if GOYA deceptively omits that amount; c. An Order compelling GOYA to conduct a corrective advertising campaign; d. An Order requiring GOYA to disgorge or return all monies, revenues, and profits obtained by mans of any wrongful act or practice; e. An Order requiring GOYA to pay restitution to restore all funds acquired by means of any act or practice declared by this Court to be a fraudulent

9 Case :-cv-00-l-nls Document Filed 0// Page of 0 0 business act or practice, untrue or misleading advertising, or a violation of the UCL, FAL or CLRA, plus pre-and post-judgment interest thereon; f. An Order awarding costs, expenses, and reasonable attorneys fees; and g. Any other and further relief the Court deems necessary, just, or proper. JURY DEMAND. Plaintiff hereby demands a trial by jury on all issues so triable. Dated: January, 0 /s/ Jack Fitzgerald Jack Fitzgerald THE LAW OFFICE OF JACK FITZGERALD, PC JACK FITZGERALD jack@jackfitzgeraldlaw.com The Palm Canyon Building 0 Fourth Avenue, Suite 0 San Diego, CA 0 Phone: () -0 Fax: () -

10 Case :-cv-00-l-nls Document - Filed 0// Page of 0 0 THE LAW OFFICE OF JACK FITZGERALD, PC JACK FITZGERALD (SBN 0) jack@jackfitzgeraldlaw.com The Palm Canyon Building 0 Fourth Avenue, Suite 0 San Diego, California 0 Phone: () -0 Fax: () - Counsel for Plaintiff and the Proposed Classes THAMAR SANTISTEBAN CORTINA, on behalf of herself and all others similarly situated, Plaintiff, v. GOYA FOODS, INC., Defendant. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 'CV0 L NLS CONSUMERS LEGAL REMEIDES ACT VENUE AFFIDAVIT [CCP 0(d)] CLRA VENUE AFFIDAVIT

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12 Case :-cv-00-l-nls Document - Filed 0// Page of 0 0 Dated: January, 0 Respectfully submitted, /s/ Jack Fitzgerald Jack Fitzgerald THE LAW OFFICE OF JACK FITZGERALD, PC JACK FITZGERALD jack@jackfitzgeraldlaw.com The Palm Canyon Building 0 Fourth Avenue, Suite 0 San Diego, CA 0 Phone: () -0 Fax: () - CLRA VENUE AFFIDAVIT

13 Case :-cv-00-l-nls Document - Filed 0// Page of is i!res CIVIL COVER SHEET tile JS CIVII cover sheet and the information contained heiern neither replace porvided by local rules of nor supplement the Wing and seix ice of pleadings or other papers as court This form. required by law. approved hy the Judicial ConIcienee of the United States except as in September, is required for the use or the Clark of Court for the purpose oriontilitng tbc civil docket sheet (./. /ASIfirr I 'MINS ON Ak, j',r, i, rib- MIS It)klit, I. (a) PLAINTIFFS DEFENDANTS Thamar Santisteban Cortina, on behalf of herself and all others similarly Goya Foods, Inc. situated t b) County of Resideme of First listed namil IT Son Diego County of Resrdenee or First.sted Defendant (kv( IPI IN I.' s pram li." I.S SI (IN U.\ l'iain, i ASES UV Et NOTE IN LAND CONDEMN ATION CASES, II/SE TICE LOCATION OE TUE TRACT Or LAND INVOLVED (C) Attorneys. win Name,.eldreAs, mu.. l I i, e-rp.amr, ;urrh,:ri Attorney N (II know Jack Fitzgerald. The Law nr Office of Jack Fitzgerald, PC CV0 0 th Ave., Ste. 0 San Diego, CA 0 L NLS II. BASIS OF JURISDICTION (Place an "X" m (ine liar only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X- nr One liarfor Horning!tar L)ners/NI am, f hily) and One Nos fro- IMiaklano I I S Government Federal Question rri.. nu: PIT DEE PlairinFT tl l ;over-mem 'tial a rarlir (./ell or this Mate X t Incorporated or Prim:spat Place of Flushness In This Slate, S Government X Diversity Cinico of Armthei Stale Incorporated oral Principal Mace mi Defendant )//icale (.rizcl/p + Panne, or kern lli of Homiest In Another State (..tell in Subject rit a Foreign Nation I Metall CULUION I V. NATURE OF SU gm tn Hoc Nor f =:ii: M^ =$ ill=^. -TAM-ilt); WEI IT 0 Imuranee PERM/NAL INJURY PERSONAL INJURY Drug Related Seizure Appeal ESC il : False Chums 0 Marine I?Ili Aci Airplane Personal Injury of Properq I!'it Withdrawal 0 Miller 00 State Act Anplanc Product Product Reappoitionment Liabiliey 0 other CSC 0 Negotiable linsuumem 0 lability Antitrust ; Health Care I Sll. 0 Hanks Recovery of Overpayment (I 0 Assault. I. [het and & Pharmissetincal Flanking -:EamErvirtumw--, ri 0 Camoctee & Enfol cement ofiudgment Slander Personal Injury 0 Copynghts Medicare UFO Ad ri 0 Federal Deponstion Employeis Moduct Liability 0 Nem 0 Racketeer Recovery 0 Defaulted Influenced and Liability Asbestos Personal 0 Trademark Student Loans 0 Mantic Corrupt Organizations Injury Product 0 ('onsumercredit (Excludes Veterans) Marl= Moduct lability =,=====0)= rl 0 CabkSatTV. Recovery of Overpayment Liability JERSONAL PROPERTY n 0 Fan labor Standards HIA (T) 0 Securnies'Commodthes: ot Velenth'S Benefits 0 Motor Vehicle.0 Other Fraud Act Meek Lang i Exchange 0 StockholdersSUM. I Minor Vehicle Emit' in Lendoig 0 l.abormaniagrment DIWC/DWW ( KW Otha Statutory Actions 0 Othes Contract Product Liability 0 Other Personal Relatmos SSD Tole XV/ n Agncultural.Acts contract Product Liability 0 Other Personal Property Damage r. 0 Railway Labor Act (0n EnvrconmenR Mailers. F ranclust Injury- Properio Damage Family and Medical r) freedom of Inhumation Personal Injury Product I iabiluty Lease Act Act Maj E=EGIBEELEE=m=:="edical 0 Other Labor oiganon /WC Arbutration Employee Remeemem PEDXRAL TAX StIEES Administrative Procedure 0 0 Land Condemnation 0 Othcli Civol Rights floilleu Corium: Income Seemly Act 0 TaNCS. (ii.s Maltalff ActReview or Appeal of -I 0 fmcclosure Voting Alien Dciamec or Defendant) Agency Decision 0 Rem Lease & Ejectment ri Employment 0 Moutons, VatAlle n ti IRS, Third 0 Tone in I Pany.arid 0 Consututionality of Housing.Sentemc I ISC 0. Toot Moduct State Statutes Liability Accommodations icartm 0 All Other Real Property Amcr sribusabilitits. DeaM Penalty IMMIGRATION Employment Other: Naturahratum Application Amer wt.-haat-0ms 0 Mandamus & Other Othes Immigration Other 0 Cis il Rights Actions Education Prison Condition 0 Civil Detainee FOR OFFICE USE ONIN rondutums ot Cofilinemenl V. ORIGIN IPlact: cin X- in (bw ), (dy) ) Original Removed from Remanded from Reinstated or Fransfetied from Multidistrict Proceeding State Court Appellate Court Reopened Another District Litigation rir,c../ Cite the Il S. Civil Statute under which you arc filing i'do nem' ate jurisdictional NfiliNlef SIIIIMS ilivers/0. U.S.C. s. VI. CAUSE OF ACTION Bre description of cause Fraudulent Practices under UCL, FAL, Cal. Bus. & Prof. Code ss. 00, 00 et seq.. CLRA VII. REQUESTED IN. Cl!ECK li MN Is A CLASS ACTION DEMAND S CHECK YES only ifdemanded in complaint COMPLAINT: UNIWR Rt. ' R Cv P., RY DIENRND: A Yes I No N'III. RELATED CASE(S), IF ANY lsre ritsrrucm00 WIN& DOCKET NUMBER DATE OF RECORD 0//0 SIONATt, 0!A...:)RNFY RECEIPT n AMOI'NT VPI.+ING IFF',IX.OL MAC JUDGE