Case 9:15-cv DMM Document 1 Entered on FLSD Docket 04/07/2015 Page 1 of 22

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1 Case 9:15-cv DMM Dcument 1 Entered n FLSD Dcket 04/07/2015 Page 1 f 22 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA WEST PALM BEACH DIVISION SUSAN LYNN SLAVINSKI, as an individual and n behalf f all thers similarly situated, vs. Plaintiff, NATURAL & TASTY LLC, a New Jersey limited liability cmpany, Defendant. Civil Case N.: : : : : : : : : : : : CLASS ACTION COMPLAINT Plaintiff, SUSAN LYNN SLAVINSKI ( Plaintiff ), individually, and n behalf f all thers similarly situated, by and thrugh the undersigned cunsel, and pursuant t the Federal Rules f Civil Prcedure, hereby files this Class Actin Cmplaint, and alleges against Defendant, NATURAL & TASTY LLC ( Natural & Tasty r Defendant ), as fllws: I. INTRODUCTION 1. At all material times heret, Defendant has unlawfully, fraudulently, unfairly, misleadingly, and deceptively represented that its Gldbaum s Quina Crisps fd prducts are All Natural, and GMO Free despite the same cntaining unnatural, synthetic, artificial, and/r genetically mdified ingredients. 2. Indeed, Defendant s Gldbaum s Multigrain Quina Crisps Barbecue (the Prduct ) cntains Maltdextrin, Whle Grain Crn Flur, BBQ Seasning, (Crn Starch, Caramel Clr, Sybean Oil), and Vegetable Oil (Cntains ne r mre f the fllwing: Canla, Crn, Sunflwer, Safflwer). Page 1 f 22

2 Case 9:15-cv DMM Dcument 1 Entered n FLSD Dcket 04/07/2015 Page 2 f Despite the presence f these unnatural, synthetic, artificial, and/r genetically mdified ingredients, Defendant knwingly, recklessly, and/r negligently markets and sells the Prduct as being All Natural and GMO Free. 4. At all material times heret, Defendant manufactures, markets, advertises, and sells the Prduct as being All Natural and GMO Free n the Prduct s frnt packaging. 5. At all material times heret, all packages f the Prduct packaging unifrmly make the same All Natural and GMO Free claim in the same prminently displayed lcatin n the same lcatin f the Prduct, the frnt packaging. The representatin that the Prduct is All Natural and GMO Free, as cmmunicated t Plaintiff and ther members f the Class is central t the marketing and sale f the Prduct. 6. Defendant s representatin that the Prduct is All Natural and GMO Free is false, misleading, and likely t deceive reasnable cnsumers because the Prduct cntains unnatural, synthetic, artificial, and/r genetically mdified ingredients. 7. As a result, Plaintiff brings this class actin t secure, amng ther things, damages and equitable relief, declaratry relief, restitutin, and in the alternative t damages, relief fr unjust enrichment, fr a Class f similarly situated Flrida purchasers, against Defendant, fr: (1) false, deceptive, unfair, and unlawful business practices in vilatin f Flrida s Deceptive and Unfair Trade Practices Act ( FDUTPA ), FLA. STAT , et seq.; (2) Negligent Misrepresentatin; (3) Breach f Express Warranty; (4) Vilatin f Magnussn-Mss Warranty Act, 15 U.S.C et seq.; and (5) Unjust Enrichment (alleged in the alternative t Plaintiff s ther causes f actin). 8. Plaintiff is seeking damages individually and n behalf f the Class. In additin, Plaintiff is seeking an Order requiring Defendant t cease frm representing that the Prduct is Page 2 f 22

3 Case 9:15-cv DMM Dcument 1 Entered n FLSD Dcket 04/07/2015 Page 3 f 22 All Natural and/r GMO Free n the packaging fr all packages f the Prduct that cntain unnatural, synthetic, artificial, and genetically mdified ingredients. 9. Plaintiff expressly des nt seek t cntest r enfrce any state law that has requirements beynd thse required by Federal laws r regulatins. 10. All allegatins herein are based n infrmatin and belief and are likely t have evidentiary supprt after a reasnable pprtunity fr discvery. II. JURISDICTION AND VENUE 11. This Curt has jurisdictin ver the subject matter presented by this Class Actin Cmplaint because it is a class actin arising under the Class Actin Fairness Act f 2005 ( CAFA ), Pub. L. N , 119 Stat. 4 (2005), which explicitly prvides fr the riginal jurisdictin f the Federal Curts f any class actin in which any member f the plaintiff class is a citizen f a state different frm any Defendant, and in which the matter in cntrversy exceeds in the aggregate the sum f $5,000,000.00, exclusive f interest and csts. 12. Pursuant t 28 U.S.C. 1332(d)(2)(A), Plaintiff alleges that the ttal claims f the individual members f the Plaintiff Class in this actin are in excess f $5,000,000.00, in the aggregate, exclusive f interest and csts, and as set frth belw, diversity f citizenship exists under CAFA because, as mre fully set frth belw, Plaintiff is a citizen f Flrida, and Defendant can be cnsidered a citizen f New Jersey fr diversity purpses. 13. Venue in this judicial district is prper pursuant t 28 U.S.C. 1391(a) because, as set frth belw, Defendant cnducts business in, and may be fund in, this district, and Plaintiff purchased the subject Prduct f this actin in this judicial district. III. PARTIES 14. Plaintiff, SUSAN LYNN SLAVINSKI, is an individual mre than 18 years ld, Page 3 f 22

4 Case 9:15-cv DMM Dcument 1 Entered n FLSD Dcket 04/07/2015 Page 4 f 22 and is a citizen f Flrida, wh resides in Palm Beach Cunty. 15. Defendant, NATURAL & TASTY, LLC, prmted and marketed the Prduct at issue in this jurisdictin and in this Judicial District. Defendant is a New Jersey limited liability cmpany, with its principal place f business lcated at 54 Freeman Street, Newark, NJ The Prduct s advertising relied upn by Plaintiff was prepared and/r apprved by Defendant and its agents, and was disseminated by Defendant and its agents thrugh advertising cntaining the misrepresentatins alleged herein. 17. The advertising fr the Prduct was designed t encurage cnsumers t purchase the Prduct and reasnably misled the reasnable cnsumer, i.e. Plaintiff and the Class int purchasing the Prduct. 18. Defendant is the wner, manufacturer, and distributr f the Prduct, and is the cmpany that created and/r authrized the unlawful, fraudulent, unfair, misleading, and/r deceptive advertising fr the Prduct. 19. Plaintiff alleges that, at all times relevant herein, Defendant and its subsidiaries, affiliates, and ther related entities, as well as their respective emplyees, were the agents, servants and emplyees f Defendant, and at all times relevant herein, each were acting within the purpse and scpe f that agency and emplyment. 20. Plaintiff further alleges n infrmatin and belief that at all times relevant herein, the distributrs and retailers wh delivered and sld the Prduct, as well as their respective emplyees, als were Defendant s agents, servants and emplyees, and at all times herein, each was acting within the purpse and scpe f that agency and emplyment. Page 4 f 22

5 Case 9:15-cv DMM Dcument 1 Entered n FLSD Dcket 04/07/2015 Page 5 f In additin, Plaintiff alleges that, in cmmitting the wrngful acts alleged herein, Defendant, in cncert with its subsidiaries, affiliates, and/r ther related entities and their respective emplyees, planned, participated in, and furthered a cmmn scheme t induce members f the public t purchase the Prduct by means f untrue, misleading, deceptive, and/r fraudulent representatins, and that Defendant participated in the making f such representatins in that it disseminated thse misrepresentatins and/r caused them t be disseminated. 22. Whenever reference in this Cmplaint is made t any act by Defendant r its subsidiaries, affiliates, distributrs, retailers, and ther related entities, such allegatin shall be deemed t mean that the principals, fficers, directrs, emplyees, agents, and/r representatives f Defendant cmmitted, knew f, perfrmed, authrized, ratified and/r directed that act r transactin n behalf f Defendant while actively engaged in the scpe f their duties. IV. FACTUAL ALLEGATIONS 23. Upn infrmatin and belief, almst all crn and sy grwn in the United States are grwn frm seeds that have been genetically mdified (cmmnly referred t as genetically mdified rganisms r GMOs fr shrt), and as such, almst all crn and crn-based, as well as sy and sy-based ingredients in the United States are in fact unnatural, synthetic, artificial, and genetically mdified ingredients. 24. Defendant manufactures, distributes, markets, advertises, and sells the Prduct, claiming the same is All Natural and GMO Free, when in fact, the Prduct cntains unnatural, synthetic, artificial, and/r genetically mdified ingredients, including Maltdextrin, Whle Grain Crn Flur, BBQ Seasning, (Crn Starch, Caramel Clr, Sybean Oil), and Vegetable Oil (Cntains ne r mre f the fllwing: Canla, Crn, Sunflwer, Safflwer); thus the Prduct is neither All Natural nr GMO Free. Page 5 f 22

6 Case 9:15-cv DMM Dcument 1 Entered n FLSD Dcket 04/07/2015 Page 6 f As a result, Defendant s All Natural and GMO Free claims, which are unifrmly, cnsistently and prminently displayed n the frnt f each individual packaging f the Prduct, are untrue, misleading, and likely t deceive reasnable cnsumers, such as Plaintiff and members f the Class. 26. Defendant unlawfully markets, advertises, sells, and distributes the Prduct t Flrida purchasers in grcery stres, fd chains, mass discunters, mass merchandisers, club stres, cnvenience stres, drug stres and/r dllar stres as their being All Natural and GMO Free. 27. At all material times heret, Defendant sells the Prduct at a premium price, abve ther similar prducts in the marketplace that d nt claim t be All Natural and GMO Free. 28. Plaintiff and members f the Class were charged a price premium fr the Prduct ver and abve ther prducts that d nt claim t be All Natural and GMO Free. A. Defendant s False and Misleading Advertising is Likely t Deceive Reasnable Cnsumers 29. Defendant s false and misleading representatins and missins are likely t deceive Plaintiff and ther reasnable cnsumers. 30. Reasnable cnsumers rely n fd label representatins and infrmatin in making purchase decisins. 31. Defendant s statements that the Prduct is All Natural and GMO Free is material t a reasnable cnsumer s purchase decisin because reasnable cnsumers, such as Plaintiff and members f the Class, care whether fd prducts cntain unnatural, synthetic, artificial, and/r genetically mdified ingredients, especially when a prduct claims t be All Natural and GMO Free. 32. Reasnable cnsumers attach imprtance t All Natural and/r GMO Free Page 6 f 22

7 Case 9:15-cv DMM Dcument 1 Entered n FLSD Dcket 04/07/2015 Page 7 f 22 claims when making a purchasing decisin. 33. Defendant markets and advertises the Prduct as All Natural and GMO Free in rder t increase sales derived frm the Prduct. Defendant is well-aware that claims f fd being All Natural and/r GMO Free is material t reasnable cnsumers. 34. Plaintiff and the ther Class members reasnably relied t their detriment n Defendant s misleading representatins and missins. 35. Plaintiff and the ther Class members were amng the intended recipients f Defendant s deceptive representatins and missins. 36. Upn infrmatin and belief, Defendant made the deceptive representatins and missins regarding the Prduct with the intent t induce Plaintiff s and the ther Class members purchase f the Prduct. 37. Defendant s representatins and missins are material because a reasnable persn attaches imprtance t such All Natural and GMO Free statements, and wuld reasnably be induced t act upn such infrmatin in making purchase decisins. 38. Thus, Plaintiff and the ther Class members reliance upn Defendant s misleading and deceptive representatins and missins may be presumed. The materiality f thse representatins and missins als establishes causatin between Defendant s cnduct and the injuries sustained by Plaintiff and the Class. 39. Upn infrmatin and belief, in making the false, misleading, and deceptive representatins and missins, Defendant knew and intended that cnsumers wuld pay a price premium fr the Prduct ver cmparable prducts that are nt labeled All Natural and/r GMO Free, furthering Defendant s private interest f increasing sales fr the Prduct, and decreasing the sales f prducts by Defendant s cmpetitrs that d nt claim t be All Natural and/r Page 7 f 22

8 Case 9:15-cv DMM Dcument 1 Entered n FLSD Dcket 04/07/2015 Page 8 f 22 GMO Free. 40. As an immediate, direct, and prximate result f Defendant s false, misleading, and deceptive representatins and missins, Defendant injured Plaintiff and the ther Class members in that Plaintiff and ther Class members: 1) paid a sum f mney fr the Prduct that was nt as represented; 2) paid a premium price fr the Prduct that was nt as represented; 3) were deprived the benefit f the bargain because the Prduct they purchased was different than what Defendant warranted; 4) were deprived the benefit f the bargain because the Prduct they purchased had less value than what was represented by Defendant; 5) did nt receive a Prduct that measured up t their expectatins as created by Defendant; 6) ingested substances that were ther than what was represented by Defendant; 7) ingested substances that Plaintiff and the ther members f the Class did nt expect r cnsent t; 8) ingested substances that are artificial, synthetic, genetically mdified, r therwise unnatural; 9) ingested substances that were f a lwer quality than what Defendant prmised; 10) were denied the benefit f knwing what they ingested; 11) were denied the benefit f truthful fd labels; 12) were denied the benefit f supprting an industry that sells natural fds and cntributes t envirnmental sustainability; and 13) were denied the benefit f the beneficial prperties f the natural fds prmised. 41. Had Defendant nt made the false, misleading, and deceptive representatins and missins, Plaintiff and the ther Class members wuld nt have been ecnmically injured Page 8 f 22

9 Case 9:15-cv DMM Dcument 1 Entered n FLSD Dcket 04/07/2015 Page 9 f 22 because Plaintiff and the ther Class members wuld nt have purchased the Prduct. 42. Accrdingly, Plaintiff and the ther Class members have suffered injury in fact and lst mney r prperty as a result f Defendant s wrngful cnduct. 43. Plaintiff and the ther Class members did nt btain the full value f the advertised Prduct due t Defendant s misrepresentatins and missins. 44. Plaintiff and the ther Class members purchased, purchased mre f, r paid mre fr the Prduct than they wuld have dne had they knwn the truth abut the Prduct. B. Plaintiff s Reliance and Damages 45. Plaintiff has purchased ne r mre f the Prduct in Palm Beach Cunty, Flrida, during the Class Perid, including, but nt limited t a purchase fr persnal use, in March f 2014, frm a Hme Gds lcated in Palm Beach Gardens, Flrida. 46. The Prduct purchased by Plaintiff claimed t be All Natural and GMO Free n the frnt packaging, which Plaintiff perceived, read, and relied n in making Plaintiff s purchase. 47. Hwever, the Prduct cntains unnatural, synthetic, artificial, and/r genetically mdified ingredients, including, but nt limited t, Maltdextrin, Whle Grain Crn Flur, BBQ Seasning, (Crn Starch, Caramel Clr, Sybean Oil), and Vegetable Oil (Cntains ne r mre f the fllwing: Canla, Crn, Sunflwer, Safflwer), and as a result, the Prduct is neither All Natural nr GMO Free. 48. Plaintiff interpreted the All Natural and GMO Free claims t mean that the Prduct did nt cntain unnatural, synthetic, artificial, r genetically mdified ingredients. 49. Subsequent t purchasing the Prduct, hwever, Plaintiff discvered that the same is neither All Natural nr GMO Free because f the presence f unnatural, synthetic, artificial, Page 9 f 22

10 Case 9:15-cv DMM Dcument 1 Entered n FLSD Dcket 04/07/2015 Page 10 f 22 and/r genetically mdified ingredients. 50. Plaintiff and members f the Class paid a price premium fr the Prduct because the Prduct claimed t be All Natural and GMO Free. 51. Plaintiff and members f the Class wuld nt have purchased the Prduct had they knwn that the Prduct cntained ingredients that are neither All Natural nr GMO Free. 52. Likewise, if Plaintiff and members f the Class had knwn that the Prduct cntained unnatural, synthetic, artificial, and/r genetically mdified ingredients, Plaintiff and members f the Class wuld nt have purchased the Prduct. 53. Accrdingly, Plaintiff and members f the Class have suffered ecnmic damages as a result f purchasing a Prduct that claims t be All Natural and GMO Free because the Prduct cntains unnatural, synthetic, artificial, and/r genetically mdified ingredients. 54. The Prduct is valueless, wrth less than what Plaintiff and members f the Class paid fr, and/r is nt what Plaintiff and members f the Class reasnably intended t receive. 55. Plaintiff and the Class seek damages equal t the aggregate purchase price paid fr the Prduct during the Class Perid, as well as injunctive relief described belw. V. CLASS ACTION ALLEGATIONS 56. Plaintiff re-alleges and incrprates by reference the allegatins set frth in each f the preceding paragraphs f this Class Actin Cmplaint as if fully set frth herein. 57. Pursuant t Rule 23, Federal Rules f Civil Prcedure, Plaintiff brings this class actin and seeks certificatin f the claims and certain issues in this actin n behalf f a Class defined as: All persns wh have purchased fr persnal use ne r mre f the Prducts, frm April 6, 2011, thrugh and t the date Ntice is prvided t the Class. Page 10 f 22

11 Case 9:15-cv DMM Dcument 1 Entered n FLSD Dcket 04/07/2015 Page 11 f Plaintiff respectfully reserves the right t amend the Class definitin if further investigatin and discvery indicates that the Class definitin shuld be narrwed, expanded, r therwise mdified. Excluded frm the Class are gvernmental entities, Defendant, any entity in which Defendant has a cntrlling interest, and Defendant s fficers, directrs, affiliates, legal representatives, emplyees, c-cnspiratrs, successrs, subsidiaries, and assigns. Als excluded frm the Class is any judge, justice, r judicial fficer presiding ver this matter and the members f their immediate families and judicial staff. 59. Defendant s practices and missins were applied unifrmly t all members f the Class, including any subclass, s that the questins f law and fact are cmmn t all members f the Class and any subclass. All members f the Class and any subclass were and are similarly affected by the deceptive advertising fr the Prduct, and the relief sught herein is fr the benefit f Plaintiff and members f the Class and any subclass. 60. Based n the annual sales f the Prduct and the ppularity f the Prduct, it is readily apparent that the number f cnsumers in bth the Class and any subclass is s large as t make jinder impractical, if nt impssible. 61. Questins f law and fact cmmn t the Plaintiff Class and any subclass exist that predminate ver questins affecting nly individual members, including, inter alia: a. Whether Defendant s business practices vilated FDUTPA, FLA. STAT , et seq.; b. Whether the Prduct is All Natural; c. Whether the ingredients cntained in the Prduct are All Natural; d. Whether the Prduct is GMO Free; e. Whether the ingredients cntained in the Prduct are unnatural; Page 11 f 22

12 Case 9:15-cv DMM Dcument 1 Entered n FLSD Dcket 04/07/2015 Page 12 f 22 f. Whether the ingredients cntained in the Prduct are synthetic; g. Whether the ingredients cntained in the Prduct are artificial; h. Whether the ingredients cntained in the Prduct are genetically mdified; i. Whether the claims All Natural and GMO Free n the Prduct s packaging is material t a reasnable cnsumer; j. Whether the claim All Natural and GMO Free n the Prduct s packaging and advertising is likely t deceive a reasnable cnsumer; k. Whether the claim All Natural and GMO Free n the Prduct s packaging and advertising is misleading t a reasnable cnsumer; l. Whether a reasnable cnsumer is likely t be deceived by a claim that prducts are All Natural and/r GMO Free when the prducts cntains unnatural, synthetic, artificial, and/r genetically mdified ingredients; m. Whether Defendant was unjustly enriched by the sale f the Prduct; and n. Whether Defendant s cnduct as set frth abve injured cnsumers and if s, the extent f the injury. 62. The claims asserted by Plaintiff in this actin are typical f the claims f the members f the Plaintiff Class and any subclass, as the claims arise frm the same curse f cnduct by Defendant, and the relief sught within the Class and any subclass is cmmn t the members f each. 63. Plaintiff will fairly and adequately represent and prtect the interests f the members f the Plaintiff Class and any subclass. 64. Plaintiff has retained cunsel cmpetent and experienced in bth cnsumer prtectin and class actin litigatin. Page 12 f 22

13 Case 9:15-cv DMM Dcument 1 Entered n FLSD Dcket 04/07/2015 Page 13 f Certificatin f this class actin is apprpriate under Rule 23, Federal Rules f Civil Prcedure, because the questins f law r fact cmmn t the respective members f the Class and any subclass predminate ver questins f law r fact affecting nly individual members. This predminance makes class litigatin superir t any ther methd available fr a fair and efficient decree f the claims. 66. Absent a class actin, it wuld be highly unlikely that the representative Plaintiff r any ther members f the Class r any subclass wuld be able t prtect their wn interests because the cst f litigatin thrugh individual lawsuits might exceed expected recvery. 67. Certificatin als is apprpriate because Defendant acted, r refused t act, n grunds generally applicable t bth the Class and any subclass, thereby making apprpriate the relief sught n behalf f the Class and any subclass as respective whles. 68. Further, given the large number f cnsumers f the Prduct, allwing individual actins t prceed in lieu f a class actin wuld run the risk f yielding incnsistent and cnflicting adjudicatins. 69. A class actin is a fair and apprpriate methd fr the adjudicatin f the cntrversy, in that it will permit a large number f claims t be reslved in a single frum simultaneusly, efficiently, and withut the unnecessary hardship that wuld result frm the prsecutin f numerus individual actins and the duplicatin f discvery, effrt, expense and burden n the curts that individual actins wuld engender. 70. The benefits f prceeding as a class actin, including prviding a methd fr btaining redress fr claims that wuld nt be practical t pursue individually, utweigh any difficulties that might be argued with regard t the management f this class actin. Page 13 f 22

14 Case 9:15-cv DMM Dcument 1 Entered n FLSD Dcket 04/07/2015 Page 14 f 22 VI. FIRST CAUSE OF ACTION: FOR VIOLATIONS OF FLORIDA S DECEPTIVE AND UNFAIR TRADE PRACTICES ACT, FLA. STAT , ET SEQ. 71. Plaintiff re-alleges and incrprates by reference the allegatins set frth in the preceding paragraphs numbered ne (1) thrugh seventy (70) f this Cmplaint as if fully set frth herein verbatim. 72. This cause f actin is brught pursuant t the Flrida Deceptive and Unfair Trade Practices Act, Sectins t , Flrida Statutes. 73. The express purpse f FDUTPA is t prtect the cnsuming public...frm thse wh engage in unfair methds f cmpetitin, r uncnscinable, deceptive, r unfair acts r practices in the cnduct f any trade r cmmerce. FLA. STAT (2). 74. Sectin (1), Flrida Statutes, declares as unlawful unfair methds f cmpetitin, uncnscinable acts r practices, and unfair r deceptive acts r practices in the cnduct f any trade r cmmerce. 75. The sale f the Prduct at issue in this cause was a cnsumer transactin within the scpe f FDUTPA. 76. Plaintiff is a cnsumer as defined by Sectin , Flrida Statutes. 77. Defendant s Prduct is a gd within the meaning f FDUTPA and Defendant is engaged in trade r cmmerce within the meaning f FDUTPA. 78. Defendant s unfair and deceptive practices are likely t mislead and have misled reasnable cnsumers, such as Plaintiff and members f the Class, and therefre, vilate Sectin , Flrida Statutes. 79. Defendant has vilated FDUTPA by engaging in the unfair and deceptive practices described abve, which ffend public plicies and are immral, unethical, unscrupulus and Page 14 f 22

15 Case 9:15-cv DMM Dcument 1 Entered n FLSD Dcket 04/07/2015 Page 15 f 22 substantially injurius t cnsumers. 80. Specifically, Defendant has represented that the Prduct is All Natural and GMO Free, when in fact, the Prduct cntains unnatural, synthetic, artificial, and/r genetically mdified ingredients, including, but nt limited t, Maltdextrin, Whle Grain Crn Flur, BBQ Seasning, (Crn Starch, Caramel Clr, Sybean Oil), and Vegetable Oil (Cntains ne r mre f the fllwing: Canla, Crn, Sunflwer, Safflwer). 81. Plaintiff and Class Members have been aggrieved by Defendant s unfair and deceptive practices in vilatin f FDUTPA, in that they purchased and cnsumed Defendant s mislabeled Prduct. 82. Reasnable cnsumers rely n Defendant t hnestly represent the true nature f its ingredients. 83. Defendant has deceived reasnable cnsumers, like Plaintiff and members f the Class, int believing the Prduct was smething it was nt; specifically that the Prduct is All Natural and GMO Free. 84. The knwledge required t discern the true nature f the Prduct is beynd that f the reasnable cnsumer namely that the Prduct des r des nt cntain unnatural, synthetic, artificial, and/r genetically mdified ingredients. 85. Plaintiff and the Class suffered damages and are entitled t injunctive relief. 86. Pursuant t sectins (2) and , Flrida Statutes, Plaintiff and members f the Class make claims fr damages, attrney s fees and csts. The damages suffered by the Plaintiff and the Class were directly and prximately caused by the deceptive, misleading and unfair practices f Defendant. Pursuant t Sectin (1), Flrida Statutes, Plaintiff and the Class seek injunctive relief fr, inter alia, the Curt t enjin Defendant s abve-described Page 15 f 22

16 Case 9:15-cv DMM Dcument 1 Entered n FLSD Dcket 04/07/2015 Page 16 f 22 wrngful acts and practices, and fr restitutin and disgrgement. 87. Plaintiff seeks all available remedies, damages, and awards as a result f Defendant s vilatins f FDUTPA. VII. SECOND CAUSE OF ACTION: NEGLIGENT MISREPRESENTATION 88. Plaintiff re-alleges and incrprates by reference the allegatins set frth in the preceding paragraphs numbered ne (1) thrugh seventy (70) f this Cmplaint as if fully set frth herein verbatim. Free. 89. Defendant has negligently represented that the Prduct is All Natural and GMO 90. Defendant has represented that the Prduct is All Natural and GMO Free when in fact, the Prduct cntains unnatural, synthetic, artificial, and/r genetically mdified ingredients, including, but nt limited t, Maltdextrin, Whle Grain Crn Flur, BBQ Seasning, (Crn Starch, Caramel Clr, Sybean Oil), and Vegetable Oil (Cntains ne r mre f the fllwing: Canla, Crn, Sunflwer, Safflwer). 91. Defendant has misrepresented a material fact t the public, including Plaintiff and Class Members, abut the Prduct. 92. The Prduct is marketed directly t cnsumers by Defendant, cmes in sealed packages, and des nt change frm the time the Prduct leaves Defendant s pssessin until the same arrives in stres t be sld t cnsumers. 93. Defendant knws the misstatements n the Prduct s packaging are material t the reasnable cnsumer and Defendant intends fr cnsumers t rely upn the misstatements when chsing t purchase the Prduct. 94. Defendant has mitted the fact that the Prduct cntains unnatural, synthetic, Page 16 f 22

17 Case 9:15-cv DMM Dcument 1 Entered n FLSD Dcket 04/07/2015 Page 17 f 22 artificial, and/r genetically mdified ingredients, despite claiming that the Prduct is All Natural and GMO Free. 95. Defendant knew r shuld have knwn that these misstatements r missins wuld materially affect Plaintiff s and Class members decisins t purchase the Prduct. 96. Plaintiff and ther reasnable cnsumers, including the Class members, reasnably relied n Defendant s representatins set frth herein, and, in reliance theren, purchased the Prduct. 97. The reliance by Plaintiff and Class members was reasnable and justified in that Defendant appeared t be, and represented itself t be, a reputable business, and it distributed the Prducts thrugh reputable cmpanies. 98. Plaintiff and Class members wuld nt have been willing t pay fr Defendant s Prduct if they knew that the Prduct cntained unnatural, synthetic, artificial, and/r genetically mdified ingredients. 99. As a direct and prximate result f Defendant s misrepresentatins, Plaintiff and members f the Class were induced t purchase Defendant s Prduct, and have suffered damages t be determined at trial, in that, amng ther things, they have been deprived f the benefit f their bargain because they bught a Prduct that was nt what it was represented t be, and Plaintiff and members f the Class have spent mney n the Prduct, which, because f the presence f the abve-described unnatural, synthetic, and/r genetically mdified ingredients in it, had less value than was reflected in the premium purchase price they paid fr the Prduct Plaintiff seeks all available remedies, damages, and awards as a result f Defendant s negligent misrepresentatins. Page 17 f 22

18 Case 9:15-cv DMM Dcument 1 Entered n FLSD Dcket 04/07/2015 Page 18 f 22 VIII. THIRD CAUSE OF ACTION: BREACH OF EXPRESS WARRANTY 101. Plaintiff re-alleges and incrprates by reference the allegatins set frth in the preceding paragraphs numbered ne (1) thrugh seventy (70) f this Cmplaint as if fully set frth herein verbatim Defendant has expressly represented that the Prduct is All Natural and GMO Free when in fact, the Prduct cntains unnatural, synthetic, artificial, and genetically mdified ingredients, including, but nt limited t, Maltdextrin, Whle Grain Crn Flur, BBQ Seasning, (Crn Starch, Caramel Clr, Sybean Oil), and Vegetable Oil (Cntains ne r mre f the fllwing: Canla, Crn, Sunflwer, Safflwer) The Prduct is marketed directly t cnsumers by Defendant, cmes in sealed packages, and des nt change frm the time the same leaves Defendant s pssessin until the Prduct arrives in stres t be sld t cnsumers Plaintiff is infrmed and believes, and theren alleges, that Defendant made an express warranty, including that the Prduct is All Natural and GMO Free Defendant breached its express warranty by claiming that the Prduct is All Natural and GMO Free because the Prduct cntains unnatural, synthetic, artificial, and/r genetically mdified ingredients As a prximate result f the failure f the Prduct t perfrm as expressly warranted by Defendant, Plaintiff and members f the Class have suffered actual damages in an amunt t be determined at trial, in that they were induced t purchase a prduct they wuld nt have purchased had they knwn the true facts abut it, and have spent mney n a Prduct that was nt what it was represented t be and that lacks the value Defendant represented the Prduct t have Plaintiff gave timely ntice t Defendant f its breach f express warranty Page 18 f 22

19 Case 9:15-cv DMM Dcument 1 Entered n FLSD Dcket 04/07/2015 Page 19 f 22 individually and n behalf f all members f the Plaintiff Class, directly thrugh a Ntice letter sent t Defendant n r abut February 4, Plaintiff seeks all available remedies, damages, and awards as a result f Defendant s breach f express warranty. IX. FOURTH CAUSE OF ACTION: VIOLATION OF THE MAGNUSON-MOSS WARRANTY ACT (15 U.S.C et seq.) 109. Plaintiff re-alleges and incrprates by reference the allegatins set frth in the preceding paragraphs numbered ne (1) thrugh seventy (70) f this Cmplaint as if fully set frth herein verbatim Defendant has breached express warranties regarding the Prduct, as described in the third cause f actin abve Defendant has expressly represented that the Prduct is All Natural and GMO Free when in fact, the Prduct cntains unnatural, synthetic, artificial, and/r genetically mdified ingredients, including, but nt limited t, Maltdextrin, Whle Grain Crn Flur, BBQ Seasning, (Crn Starch, Caramel Clr, Sybean Oil), and Vegetable Oil (Cntains ne r mre f the fllwing: Canla, Crn, Sunflwer, Safflwer) Plaintiff and the Class are cnsumers as defined in 15 U.S.C. 2301(3) Defendant is a supplier and warrantr as defined in 15 U.S.C. 2301(4)(5) The Prduct is a cnsumer prduct as defined in 15 U.S.C. 2301(6) By reasn f Defendant s breach f express warranty, Defendant has vilated the statutry rights due t Plaintiff and members f the Class pursuant t the Magnusn-Mss Warranty Act, 15 U.S.C et seq., thereby causing damages t Plaintiff and the Class Plaintiff gave timely ntice t Defendant f its breach f express warranty Page 19 f 22

20 Case 9:15-cv DMM Dcument 1 Entered n FLSD Dcket 04/07/2015 Page 20 f 22 individually and n behalf f all members f the Plaintiff Class, directly thrugh a Ntice letter sent t Defendant n r abut February 4, Therefre, Plaintiff and the Class seek all available remedies, damages, and awards under the Magnusn-Mss Warranty Act. X. FIFTH CAUSE OF ACTION: UNJUST ENRICHMENT 118. Plaintiff re-alleges and incrprates by reference the allegatins set frth in the preceding paragraphs numbered ne (1) thrugh seventy (70) f this Cmplaint as if fully set frth herein verbatim In its marketing and advertising, Defendant has made false and misleading statements and/r missins regarding the Prduct, as described herein Defendant has represented that the Prduct is All Natural and GMO Free when in fact, the Prduct cntains unnatural, synthetic, artificial, and/r genetically mdified ingredients, including, but nt limited t, Maltdextrin, Whle Grain Crn Flur, BBQ Seasning, (Crn Starch, Caramel Clr, Sybean Oil), and Vegetable Oil (Cntains ne r mre f the fllwing: Canla, Crn, Sunflwer, Safflwer) The Prduct is marketed directly t cnsumers by Defendant, cmes in sealed packages, and des nt change frm the time the same leaves Defendant s pssessin until the Prduct arrives in stres t be sld t cnsumers Plaintiff and Class Members cnferred a benefit n Defendant by purchasing the Prduct. Defendant accepted and retained the benefit in the amunt f the purchase price and/r prfits it earned frm sales f the Prduct t Plaintiff and ther Class members Defendant prfited frm its unlawful, unfair, misleading, and deceptive practices and advertising at the expense f Plaintiff and Class members, under circumstances in which it Page 20 f 22

21 Case 9:15-cv DMM Dcument 1 Entered n FLSD Dcket 04/07/2015 Page 21 f 22 wuld be unjust fr Defendant t be permitted t retain said benefit Plaintiff has standing t pursue this claim as Plaintiff has suffered injury in fact and has lst mney r prperty as a result f Defendant s actins, as set frth herein. Defendant is aware that the claims and/r missins that it makes abut the Prduct is false, misleading, and likely t deceive reasnable cnsumers, such as Plaintiff and members f the Class Plaintiff and Class members d nt have an adequate remedy at law against Defendant (in the alternative t the ther causes f actin alleged herein) Accrdingly, the Prduct is valueless such that Plaintiff and Class members are entitled t restitutin in an amunt nt less than the purchase price f the Prduct paid by Plaintiff and Class members during the Class Perid Plaintiff and Class members are entitled t restitutin f the excess amunt paid fr the Prduct, ver and abve what they wuld have paid if the Prduct had been adequately advertised, and Plaintiff and Class members are entitled t disgrgement f the prfits Defendant derived frm the sale f the Prduct. XI. PRAYER FOR RELIEF WHEREFORE, Plaintiff, individually, and n behalf f all thers similarly situated, prays fr relief pursuant t each cause f actin set frth in this Cmplaint as fllws: 1. Fr an rder certifying that the actin may be maintained as a class actin, certifying Plaintiff as representative f the Class, and designating Plaintiff s attrneys Class cunsel; 2. Fr an award f equitable relief fr all causes f actin as fllws: (a) Enjining Defendant frm cntinuing t engage, use, r emply any unfair and/r deceptive business acts r practices related t the design, testing, Page 21 f 22

22 Case 9:15-cv DMM Dcument 1 Entered n FLSD Dcket 04/07/2015 Page 22 f 22 manufacture, assembly, develpment, marketing, advertising, r sale f the Prduct fr the purpse f selling the Prduct in such manner as set frth in detail abve, r frm making any claims fund t vilate FDUTPA r the ther causes f actin as set frth abve; (b) Requiring Defendant t make full restitutin f all mnies wrngfully btained as a result f the cnduct described in this Cmplaint; (c) Restring all mnies that may have been acquired by Defendant as a result f such unfair and/r deceptive act r practices; and (d) Requiring Defendant t disgrge all ill-gtten gains flwing frm the cnduct described herein. 3. Fr actual damages in an amunt t be determined at trial fr all causes f actin; 4. Fr an award f attrney s fees and csts; 5. Fr any ther relief the Curt might deem just, apprpriate, r prper; and 6. Fr an award f pre- and pst-judgment interest n any amunts awarded. XII. DEMAND FOR JURY TRIAL Plaintiff respectfully demands a jury trial n all issues s triable. Respectfully Submitted By, Dated: April 6, 2015 /s/ Michael T. Fraser Michael T. Fraser, Esq. Fla. Bar N.: THE FRASER LAW FIRM, P.C 4120 Duglas Blvd., Ste Granite Bay, CA (888) (866) (fax) mfraser@thefraserlawfirm.net Attrneys fr Plaintiff Susan Lynn Slavinski and the Prpsed Class Page 22 f 22

23 Case 9:15-cv DMM Dcument 1-1 Entered n FLSD Dcket 04/07/2015 Page 1 f 1 CIVIL COVER SHEET JS 44 (Rev ) The IS 44 civil cver sheet and the infrmatin cntamed herein neither replace nr supplement the filing andservice f pleadings er ether papers as required by law, except as prvided by lcal rules f curt This frm, apprved by the Judicial Cnference f the United States in September 1974, is required fr the use f the Clerk f Curt fr the purpse f initiating the civil dcket sheet (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM) NOTICE: Attrneys MUST Indicate All Re-ftled Cases Belw. I. (a) (b) PLAINTIFFS SUSAN LYNN SLAVINSKI, as an individual and n behalf f all thers similarly situated DEFENDANTS NATURAL & TASTY, LLC Palm Beach Cunty, Flrida Cunty f Residence f First Listed Plaintiff Cunty f Residence f First Listed Defendant (EXCEPT IN U.S PLAINTIFF CASES) NOTE: (c) Attrneys (Firm Name, Address, and Telephne Number) The Fraser Law Firm, P.c., 4120 Duglas Blvd., Suite , Granite Bay, CA 95746, (888) (d) Check Cunty Where Actin Arse: 0 MIAMI- DADE II. BASIS OF JURISDICTION Essex Cunty, New Jersey (IN U.S PLAINTIFF CASES ONL l). 0 MONROE 0 BROWARD IN LAND CONDEMNATIONCASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. Attrneys (If Knwn) IlZIPALM BEACH 0 MARTIN ID. CITIZENSHIP (place an "X" in One Bx Only) 0 ST. LUCrE0 INDIAN RIVER OF PRINCIPAL 0 OKEECHOBEE PARTIES (place an "XU in One Bxfr Ptaintiff) and One Bx fr Defendant) (Fr Diversity Cases Only) I 2 U.S. Gvernment Plaintiff 03 U.S. Gvernment Defendant ~ 4 Federal Questin (U'S. Gvernment Nt a Party) PTF.IZl I Citizen f This State DEF 0 I Incrprated r Principal Place f Business In This State CONTRACf 110Insurance 0120 Marie 0130 Miller Act 140Negtiable Instrument 150 Recvery f Overpayment & Enfrcementf Judgment 0151 Medicare Act 0152 Recvery f Defaulted Student Lans (Excl. Veterans) 153Recvery f Overpayment f Veteran's Benefits 160Stckhlders' Suits 190Other Cntract Cntract Prduct Liability 196Franchise REAL PROPERTY 210 Land Cndemnatin Freclsure Rent Lease & Ejectment g Trts t Land Trt Prduct Liability 290 All Other Real Prperty (place an "x:in One Bx Incrprated and Pricipal Place fbusiess In Anther State 0 Citizen r Subjectfa Freign Cuntry 03 3 FreignNatin 06 PERSONAL INJURY 0310 Airplane 3I5 AirplanePrduct Liability 320 Assault, Libel & Slander 0330 Federal Emplyers' Liability 0340 Marine 0345 Marie Prduct Liability 0350 Mtr Vemcle 0355 Mtr Vehicle Prduct Liability 360 Other Persnal Injury 0362 PersnalInjuryMed, Malpractice CfVTL RIGHTS g 440 Other Civil Rights 0441 Vting 0442 Emplyment 0443 Husing! Accmmdatins 0445 Amer. wldisabilitiesemplyment 0446 Amer. wldisabilitiesother [J 448 Educatin 5 ~5 06 Only) TORTS PTF DEF Citizen f Anther State Diversity (Indicate Citizenship f Parties in Item Ill) IV. NATURE OF SUIT 0 HlGHLANDS FORFEITUREIPENAL TY 625 Drug RelatedSeizure PERSONAL INJURY 365 Persnal Injury f Prperty 21 USC 88I Prduct Liability 0690 Other 367 Health Carel Pharmaceutical Persnal Injury Prduct Liability 368 Asbests Persnal Injury Prduct Liability LABOR PERSONAL PROPERTY IU 710 Fair Labr Standards 370 Other Fraud Act 371 Truth in Lending 720 LabrlMgmt Relatins 380 Other Persnal 740 Railway Labr Act Prperty Damage 751 Family and Medical 385 Prperty Damage Leave Act Prduct Liability 790 Other Labr Litigatin 0791 Emp!. Ret Inc. Security Act PRISONER PETITIONS Habeas Crpus: 463 Alien Detainee 510 Mtins t Vacate Sentence Otber: BANKRUPTCY 0422 Appeal 28 USC Withdrawal 28 USC PROPERTY RIGHTS g 820 Cpyrights 0830 Patent 840 Trademark SOCIAL SECURITY!d 861 RIA (I 395tl) 0862 Black Lung (923) 0863 DIWCIDIWW(40 (g») 864 SSID Title XVI 0865 RSI (405(g») FEDERAL TAX SUITS 870 Taxes (U.S. Plaitiff r Defendant) 0871 IR8.--Third- Party 26 0 USC;]6Q9 IU OTHER STATUTES 375 False Claims Act 400 State Reapprtinment 410 Antitrust 430 Banks and Banking 450 Cmmerce 460 Deprtatin 470 RacketeerInfluenced and Crrupt Organizatins 480 Cnsumer Credit 490 Cable/Sat TV 850 Securities!Cmmdities! Exchange 890 Other Statutry Actins 891 AgriculturalActs 893 EnvirnmentalMatters 895 Freedm finfrmatin Act 896 Arbitratin 899 AdministrativePrcedure ActfReviewr Appeal f AgencyDecisin 950 Cnstitutinality f State Statutes 530 General IMMIGRATION 1,..l462NaturalizatinApplicatin 535 Death Penalty 540 Mandamus & Other 465 Other Immigratin 550 Civil Rights Actins EI 555 Prisn Cnditin 560 Civil Detaice Cntinement Cnditinsf v. ORIGIN 1M' I Original Prceeding (Place an "XU in One Bx Only) 2 Remved frm State Curt 0 3 Re-filed (See VI belw) 0 a) Re-filed Case VI. RELATED/ RE-FILED CASE(S) 4 Reinstated r Repened 5 Transferred frm 0 anther district 6 Multidistrict Litigatin (specify) b) Related Cases DYES li!fno (See instructins): JUDGE DOCKET NUMBER Cite the Ll.S. Civil Statute under which yu are filing and Write a Brief Statement f Cause (D nt cite jurisdictinal VII. CAUSE OF ACTION False labelinzf a fd prduct LENGTII OF TRIAL via VID. REQUESTED COMPLAINT: IN ABOVE INFORMATION DATE 18 TRUE & CORRECT ~ days estimated (fr bth sides t try entire case) CHECK IF TIllS IS A CLASS ACTION UNDERF.RC.P.23 CHECK YES nly if demanded in cmplaint: DEMAND $ 5,000, JURy DEMAND: TO THE BEST OF MY KNOWLEDGE GNATU ATIORNEY OF RECORD AMOUNT statutes unless diversity}: Trial is estimated t be 10 days. April 6, 2015 FOR OFFICE USE ONLY RECEIPT # Appeal t District 0 Remanded frm Judge frm _ 8 Appellate Curt 7 Magistrate Judgment IFP JUDGE MAG JUDGE!;4Yes ON