ST. LOUIS – A St. Louis consumer alleges the label on a brand of marinated mushrooms deceptively claims that the product does not contain preservatives.
Minnie Newman, individually and on behalf of all others similarly situated, filed a complaint on Jan. 15 in the St. Louis Circuit Court against Monterey Mushrooms Inc. alleging violation of the Missouri Merchandising Practices Act.
According to the complaint, the plaintiff alleges that on at least one occasion in September or October 2018, she purchased defendant's Marinated Mushrooms Garlic Recipe from Schnucks for $3.99. The suit states the product's label represents that it contains no preservatives but the plaintiff alleges this claim is false as the product contains lactic acid, a preservative.
The plaintiff holds Monterey Mushrooms Inc. responsible because the defendant's label on the product allegedly creates a false impression and has the tendency and capacity to mislead consumers into thinking the product does not contain preservatives.
The plaintiff seeks certification of this case as a class action and to appoint the plaintiff and her counsel as representatives, compensatory damages, with interest, attorney's fees and such other relief as may be just and proper. She is represented by Matthew H. Armstrong of Armstrong Law Firm LLC in St. Louis, David C. Nelson of Nelson & Nelson Attorneys at Law PC in Belleville, Illinois and Stuart L. Cochran of Steckler Gresham Cochran PLLC in Dallas, Texas.
St. Louis Circuit Court case number 1922cc00119