New Yorker David Feldman has filed a complaint in the US District Court against UTZ Quality Foods and Good Health Natural Products alleging deceptive practice, false advertising, breach of warranties and unjust enrichment.
He contends the defendants replaced a blend of vegetable-derived ingredients with synthetic additives in their Extra Goodness! products, including vegetable straws and chips.
Devoid of benefits
Feldman’s attorneys – Ansell Grimm & Aaron PC – filed papers claiming Utz and Good Health replaced a proprietary blend of spinach, broccoli, carrots, tomatoes, beets and shiitake mushrooms with a “cheaper synthetic blend” in December 2016 and failed to update the ingredient list for more than a year.
“Although defendants market their products as healthful and nutritious, these products are devoid of the health benefits plaintiff and other reasonable consumers associate with consuming real vegetables.”
Moreover, the suit challenges that the current snacks do not contain “significant amounts of the vegetables or vegetable-derived vitamins depicted, and are not healthful.”
Feldman has requested a trial by jury and is seeking compensatory, treble and punitive damages; prejudgment interest; injunctive relief; attorneys' fees; expenses and costs of suit.
Utz Quality Foods is the largest independent, privately-held snack brand in US, producing over 3.3 million pounds (1.4 million kg) of snacks per week, including potato chips, pretzels, cheese snacks, corn products and popcorns.
The Hanover, Pennsylvania, company was founded in 1921 and is managed by Mike and Jane Rice, the company’s third generation of family leadership.
The Good Health brand was acquired by Utz Quality Foods in 2014.
BakeryandSnacks did not receive a response from either company to its request for comment.
Feldman vs Utz Quality Foods
US District Court for the Southern District of New York
Case number: 18-6004 (filed July 3, 2018).