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Case 7:16-cv-06157
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MELISSA STEWART, on behalf of herself
and all others similarly situated,
Plaintiff,:
CLASS ACTION COMPLAINT
-against-:
Civil Action No. 16-6157
JURY TRIAL DEMANDED
NEW WORLD PASTA
COMPANY,
Defendant.
Plaintiff Melissa Stewart,
by
and
through
respectfully files this Class Action Complaint
similarly-situated
her
counsel, Denlea & Carton LLP,
behalf of herself and
on
individuals who have purchased boxes of Ronzoni
a
class of
Healthy
Harvest, Garden Delight, Gluten Free, Super Greens, and Smart Taste pastas
manufactured and/or marketed
by
New World Pasta
Company,
and
alleges
as
follows:
NATURE OF THE CASE
1.
"RONZONI SONO BUONI
Emanuele Ronzoni,
Fruttuoso,
a
young
RONZONI IS SO GOOD." In 1881,
boy, emigrated
to the United States. As
a
from
a
small
fishing village
teenager, Ronzoni got
own
small macaroni company with
others to create the Atlantic Macaroni
2.
Company
a
in
In 1915, Ronzoni went into business
still bears his name, the Ronzoni Macaroni
Ronzoni and its
Genoa-style,
or
1
San
States, Ronzoni
partner. Later, they joined with
two
Queens, New York.
on
his own,
starting
Company. By the time
fancy-cut noodles,
Italy,
started in the macaroni
trade in New York. Just 11 years after he arrived in the United
launched his
in
had
the company that
World War I ended,
firmly established
itself
as one
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of the best-known brands in the East. Over time, Ronzoni became the number
one
pasta in the New York market, the largest pasta market in the United States. Emanuele
Ronzoni
was
eventually succeeded by
significant growth
most states
company's business
along the East and West Coasts
3.
Today,
World Pasta
dry pasta
in the
Ronzoni is
part
as
Ronzoni macaroni became available in
and in Puerto Rico.
of the New World Pasta
Company ("New World Pasta")
is
a
family
of brands. The New
leading manufacturer
and distributor of
in the United States.
4.
Ronzoni pasta is
iconic American brand. For
an
Ronzoni pasta has been sold to
United
his son, and the 1950s and 1960s marked
more
than 100 years,
generations upon generations of consumers
States, and especially in the New York
area.
in the
Ronzoni pastas continue to have
a
major industry market share.
5.
One of its hallmark
products, thin spaghetti,
millions of American consumers,
with
a
small
transparent window
This standard dimension box is
1 1/4 inches
deep.
For
transparent window
how filled the boxes
6.
spaghetti
products
on
the
side of the front of the box.
long,
2
inches wide, and
weight of the spaghetti included
are
to
non-transparent rectangular box
10 5/8 inches
These boxes
front,
a
right hand
approximately
net
it is in
instantly recognizable
not
so consumers are
transparent
in this standard
except for the
unable to determine
visually
are.
for instance,
a
wide
large shells,
generally packaged
also filled with pasta
as
the lower
ounces.
Ronzoni also sells
are
on
decades, the
dimension box has been 16
small
packaged
is
having
a
net
variety of other pasta styles besides thin
penne, rotelli, elbows, and the like. These
in cardboard boxes of
a
weight of
Like the
16
2
ounces.
uniform
dimension, and
are
long rectangular boxes,
these boxes
are
not
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Case 7:16-cv-06157
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transparent, except for a small transparent window
on
the front of
the box.
7.
the past
These Ronzoni boxes have become
century
substantially
the
Consequently,
as
packaging
contents
were
8.
and
when
are
rectangular box filled
have
come
not
fully visible
purportedly
revenues
are
Ronzoni Smart Taste, Ronzoni
9.
dry pasta.
because the
conscious. In order to
ingredients, including
produced in
a
Ronzoni Garden
Delight,
Ronzoni Gluten Free, and Ronzoni
as
Delight purports to
spinach
dry pasta
of Ronzoni pasta products
the
"healthy" pastas).
contain
one
in every 4
dedicated
complete serving of
ounce
serving. Ronzoni
gluten free facility and
unique multigrain blend of white rice, brown rice, quinoa, and
of white
volume of
nutritionally
family
a new
collectively
dried carrot, tomato, and
Gluten Free claims to be
more
Healthy Harvest,
referred to
Ronzoni Garden
vegetable
same
in its traditional semolina and durum wheat
made of healthier
Super Greens (hereafter
with the
in
non-transparent cardboard packaging.
have become
products, New World Pasta has introduced
which
dry pasta products
own
over
upon the "standard size and standard
rely
in the
marketplace
however, demand for pasta in the United States has
as consumers
declining
to
in the
making purchasing decisions, particularly
In recent years,
dropped severely,
counter its
size
consumers
volume"
have marketed their
competitors
same
ubiquitous
corn
to contain
a
that mimics the taste
pasta. Ronzoni Smart Taste is made with oat fiber. Ronzoni Healthy Harvest is
made with 100% all natural whole
grain wheat. Ronzoni Healthy Harvest Ancient
made with 100% all natural whole
grain
wheat
along
with
a
blend of amaranth,
millet, sorghum, and teff. Ronzoni Super Greens purports to be
made of five
vegetables
a
quinoa,
super-enriched pasta
spinach, zucchini, broccoli, kale, and parsley
3
is
with three
servings
of
10.
as
identical boxes with the
visually
long
12 ounces
able to deceive
4 of 15
serving.
"healthy" pastas
quantity of pasta
been accustomed to
reduced the contents of the box
only
Page
in the
same
the traditional semolina/durum wheat pastas. But rather than fill
that customers have
with
ounce
New World Pasta sells these so-called
dimension boxes
these
in every 3.5
vegetables
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Case 7:16-cv-06157
receiving,
and
ounces
secretly impose
a
(net weight)
per box
New World Pasta has
by twenty-five percent (25%)
(net weight) of pasta. By doing
consumers
--16
and under filled the box
so, New World Pasta has been
price premium
on
the sale of
"healthy"
pastas.
11.
On store shelves, the
traditional Ronzoni
reasonable
when
pastas, and
consumers are
they buy the
traditional Ronzoni
12.
consumers
for
ounces
13.
"healthy"
for
uses
weight
Although
the actual net
net
buying
as
the
when
same
size. Thus,
amount of
they buy
pasta
boxes of the
the traditional-sized boxes that have been
uses
the
weight
of
same
for its
weight than the
net
weight
of
product. New World
new
"healthy" pasta products,
but
recognized
only fills them
product.
the boxes
of
ounces
traditional-sized boxes that have been
containing
the
product in small print
not otherwise informed that the amount of
by
are
same
generations for its traditional Ronzoni semalina/durum
generations
net
they
stacked next to the
be the
they appear to
Ronzoni pasta boxes
products and fills them with 16
consumers
with 12
consumer,
are
products.
Pasta, however, also
by
a
led to believe that
New World Pasta
recognized by
wheat pasta
new
to
Ronzoni pastas
"healthy"
amount of
on
"healthy" pasta products
the bottom of the box,
do set forth
consumers are
pasta contained in the box is 25 percent less
pasta contained in the same-sized boxes containing
4
the traditional Ronzoni
14.
Rather, New World Pasta counts
consumers
into
thinking
have when
that
garnered
they
are
purchasing
the
they are buying
same
price.
In
on
new
reality, however,
consumers'
many decades of
over
the
"healthy"
many instances, the different varieties of thin
exactly the
5 of 15
Page
pasta products.
traditional-sized pasta boxes,
always
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Case 7:16-cv-06157
same
familiarity with
marketing,
quantity
of
Ronzoni pasta
to deceive
pasta
as
they
products. And,
spaghetti being offered
New World Pasta is
its
for sale
filling
these
sold at
are
"healthy"
pasta boxes with 25 percent less pasta (by weight). New World Pasta is thus able
increase its sales
increasing
its
by appealing
to consumers' desire for
profit margins by filling
its boxes with 25
"healthy" pasta products,
to
to
while
percent less product than is
contained in the same-dimension boxes for its "traditional" pasta
otherwise, New World Pasta is able deceptively
in
charge
a
products. Or stated
higher price for its "healthy"
pasta than it charges for its traditional offering.
THE PARTIES
15.
Plaintiff is
a
natural person of full age of majority who is domiciled and
resides in Wallkill, New York. Plaintiff has
purchased
a
variety
of traditional Ronzoni
pasta products packaged in its iconic non-transparent blue and yellow cardboard
boxes
numerous
of pasta
times
over
many years. These boxes
ordinarily
contain 16
ounces
product. Over the past several years, Plaintiff also purchased identical
dimension standard-size boxes of Ronzoni Smart Taste Thin
them to contain
purchases
approximately
at the
Shop
16
ounces
net
Spaghetti, expecting
weight of pasta. Plaintiff made
Rite grocery stores located in
Montgomery
and New
Windsor, New York. Plaintiff subsequently learned that these boxes actually
contained
only approximately
12
ounces
net
5
weight of pasta.
these
Case 7:16-cv-06157
16.
Defendant New World Pasta is
under the laws of the State of
at 85 Shannon
owned
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of
in the
Ebro
rice, pasta, and
leader in the rice sector and is the second
New World Pasta is
high-quality products
have
to
something
our
Foods, S.A. ("Ebro"),
sauces
and
a
existing
sector. Ebro is the
global
leading branded dry pasta manufacturer
a
family,
from
even-better-for-you healthy pasta
popular west
of the
Skinner, the number
one
made from egg whites;
Mississippi;
in the
proclaims that it produces "many of
our
[and w]e
regional classic white pasta brands
brands." New World Pasta brands include:
Ronzoni; Prince ("Wednesday is Prince Spaghetti Day"); American Beauty,
brand
sales
in the world.
that have become your meal-time favorites...
for your whole
wholly-
multinational
a
largest pasta manufacturer
United States and Canada. New World Pasta
the
corporation organized
Delaware, with its principal place of business located
Spanish food giant,
operating
17.
6 of 15
Road, Harrisburg, Pennsylvania. New World Pasta is
subsidiary
food group
a
Page
San
Giorgio ("Pasta
you
can
count
a
pasta
on");
pasta brand in Texas; Creamette; No Yolks, egg noodles
Light 'N Fluffy,
an
egg noodle; and
Wacky Mac, fun-shaped
pasta.
18.
Ronzoni
sales outlets
products
throughout the
through supermarkets,
mass
are
sold
through
United States
a
variety
of distribution channels and
well
as
in the State of New
merchandisers such
as
Walmart and
as
grocery stores, convenience stores, club stores, supercenters, and
York, including
Target Stores,
drug
stores.
JURISDICTION AND VENUE
19.
This Court has jurisdiction
Fairness Act of 2005, 28 U.S.C.
matter in
controversy
exceeds the
over
1332(d).
sum or
this action pursuant to the Class Action
Jurisdiction is proper because
value of
6
(1)
the
$5, 000, 000.00, exclusive of interest
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Case 7:16-cv-06157
and costs and
28 U.S.C.
20.
(2) the named
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Plaintiff and the Defendant
are
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Page
citizens of different states.
§1332(d)(2)(A).
Venue is proper in this Court pursuant to 28 U.S.C.
substantial part of the events
giving
§1391(a)
because
a
rise to the claim occurred within this judicial district
and because Defendant has marketed and sold the
products
at issue in this action within
this judicial district and has done business within this judicial district.
CHOICE OF LAW
21.
a
New York law governs the state law claims asserted herein
class of New York residents who
purchased the Ronzoni products
Defendant's acts and omissions described herein
York
through Defendant's marketing
were
and sales of its
Plaintiff and
at issue because
implemented
products within
by
in the State of New
the State of New
York.
22.
New York has
New York State residents
distribute their
a
substantial interest in
protecting
the
rights
and interests of
against wrongdoing by companies which market
and
products within the State of New York.
GENERAL ALLEGATIONS
23.
As
alleged above,
for its traditional white
in recent years, faced with
dry pasta products, including
World Pasta introduced to the market
a
line of
declining
consumer
its Ronzoni brand
products, New
purportedly healthier Ronzoni pasta
products featuring healthier ingredients. New World Pasta continues
to
Ronzoni
are non-
packaging, consisting
of
rectangular cardboard boxes which
transparent except for a small window
historically
24.
had been filled with 16
on
ounces
the front of the
(net weight)
But when New World Pasta embarked
7
demand
on
packaging.
of Ronzoni
use
These
the iconic
packages
pasta product.
its introduction of the "healthier"
Ronzoni
the 16
less
ounces
pasta than before
(net weight)
that
i.e., 12
always
ounces
are
As
buying
a
a
consequence,
consumers are
contained in the boxes. And
more
substantially
for the
Pasta to collect
26.
a
For
per
ounce
which translates to
for the
Healthy
is
Healthy
27.
print
on
same
than is
11 cents per
seeing
believing
12
28
actually
New World
Ronzoni Thin
net
Spaghetti
weight
At the
ounce.
16 ounces, for $1.69
same
Spaghetti
as
No. 9 in
the
time, Shop Rite is
and Ronzoni Smart
Spaghetti
ounces
of thin
No. 9, and
box and
spaghetti (net weight).
ounce
price is
percent higher than the traditional thin Spaghetti No. 9.
the three Ronzoni
that
they
to disclose to consumers.
Harvest Ancient Grains Thin
only
that
unwittingly paying
Harvest Ancient Grains and Smart Taste per
14 cents
Yet consumers,
which box
selling
same
believing
price, $1.69. But the Ronzoni Healthy Harvest Ancient Grains
approximately
misled into
pasta rather than
"healthy" pasta alternative, allowing
Ronzoni Smart Taste box each contain
The Ronzoni
into
consumers are
in the same-dimension cardboard box
Spaghetti
same
being misled
yellow cardboard box,
approximately
both Ronzoni
Taste Thin
significantly,
example, Shop Rite
of
dry pasta products.
premium that it is otherwise failing
Ronzoni's iconic thin blue and
selling
(net weight)
larger volume of Ronzoni's "healthy" pasta products
more
8 of 15
and continues to be filled in the
was
dimensioned boxes of Ronzoni's traditional white
25.
Page
New World Pasta filled those same-dimensioned boxes with
product line,
substantially
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Case 7:16-cv-06157
they
are
buying
products
the
same
on
the grocery store shelf,
volume of
are
easily
spaghetti regardless of
they purchase.
Unless
consumers
the front of the box
quantity
carefully study the
net
and somehow realize that
of Ronzoni pasta
as
before
weight
they
consumers are
8
number set forth in small
are no
being
longer receiving the
misled
by New World
Case 7:16-cv-06157
Pasta's
deceptive practice
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of under
filling
its
"healthy" pasta
Page
boxes into
premium for the "healthy" pasta alternatives. Rather than provide
same
16
ounces
defendant is
of
product and charge
deceptively keeping
the
a
higher price
price the
for the
same, and
consumers
who reach for the
same
size box
consumers
reducing
they
paying
a
price
with the
"healthy" alternatives,
box. The net result is that New World Pasta is able to collect the
deceiving
9 of 15
are
the contents of the
premium it desires by
accustomed to
purchasing.
28.
As
a
result of New World Pasta's
misleading
and
deceptive
Ronzoni's traditional-sized, non-transparent cardboard boxes, and
underfilling
Ronzoni
them with
"healthy" pasta,
"healthy" pasta which
than Plaintiff and
consumers
contain
had
Plaintiff and the class have been
Plaintiff and
consumers
substantially
previously
less
use
of
substantially
have
purchased boxes
of
(approximately 25% less) pasta
received in the identical sized boxes.
damaged thereby.
CLASS ACTION ALLEGATIONS
29.
class
Applying
New York substantive law, Plaintiff seeks to be
representative of a New York class composed of and defined
as
appointed
as
follows:
All persons who bought any Ronzoni Healthy Harvest, Garden Delight,
Smart Taste, Super Greens, or Gluten Free pastas in New York State,
in boxes filled with 12 ounces (net weight) of pasta rather than 16 ounces
(net weight) of pasta, and did not resell them. Excluded from the Class
are the Defendant and any Judge
presiding over this matter and the
members of his or her immediate family. Also excluded from this class are
the legal representatives, heirs, successors, and attorneys of any excluded
person or entity, and any person acting on behalf of any excluded person or
entity.
30.
As to the above class, this action is
Plaintiff is informed, believes, and thereon
numerous
such that
a
class action is
appropriately
alleges,
suited for
that the Class is
a
class action.
sufficiently
superior to other available methods for the fair and
9
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efficient
adjudication
of Ronzoni
controversy because joinder
This action involves
the boxes of Ronzoni
systematic
of all
Page
10 of 15
purchasers of such boxes
pasta is impractical.
31.
marketing
of this
Filed 08/03/16
course
questions of law and fact
"healthy" pastas,
of misrepresenting the
of law and fact include, but
are
common
Defendant has
products
to
consumers.
to the Class. In
engaged in
Such
a
common
issues
not limited to:
Whether the
filling of traditional sized boxes of Ronzoni "healthy" pasta
substantially less (approximately 25% less) pasta than is
with
contained in the traditional semolina/durum wheat
and is likely to mislead consumers;
pasta boxes
was
Whether Defendant represented that the boxes of Ronzoni "healthy"
pastas were of a particular standard or quality or net weight when they
were
not;
Whether, as a result of Defendant's misconduct, the Class is entitled
equitable and injunctive relief;
Whether the Class members obtained the benefit of their
purchasing boxes of Ronzoni "healthy" pastas;
bargain
to
in
Whether, as a result of Defendant's misconduct, the Class is entitled
damages.
32.
predominate
The
questions of law and fact
over
any
factual issues
33.
conduct,
to
liability and
are
available remedies.
typical of the claims of members of the Class,
fairly and adequately protect the interests
"healthy" pastas
as
and suffered
did all Class members who
products containing the reduced
with and not
to the members of the Class
questions affecting only individual members, including legal and
Plaintiff's claims
Plaintiff will
Ronzoni
relating
common
to
antagonistic
net
an
of the Class. Plaintiff
injury-in-fact
as a
and
purchased
result of Defendant's
purchased any boxes of Ronzoni "healthy" pasta
weight
of
pasta. Plaintiff's interests
are
coincident
to those of the other members of the Class. Plaintiff is
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represented by counsel who is competent and experienced in the prosecution of
consumer
class action
34.
A class action is
adjudication
of
litigation.
of this
situated
similarly
controversy. Treatment
purchasers
simultaneously their
without the
superior to other methods for the fair and efficient
common
duplication
of the Ronzoni
claims in
a
class action will
as a
permit
"healthy" pasta products
single
forum in
of effort and expense that
large
a
to
individual actions would
engender. Class treatment also will permit the adjudication of relatively
members of the Class who could not afford
pleaded
in this
Complaint. There
are no
difficulties
adjudicate
efficient manner, and
an
numerous
by many
number
individually
likely to
to
small claims
litigate the
claims
be encountered in the
management of this class action that would preclude its maintenance
as a
class
action.
(Violation
35.
349)
On behalf of herself and the members of the New York Class,
defined in
Paragraph
reference
as
through
FIRST CAUSE OF ACTION
of New York General Business Law Section
though
29 above, Plaintiff
set forth
fully herein,
hereby realleges,
the
allegations
and
as
incorporates by
contained in
Paragraphs
1
34.
36.
By reducing
the net
weight of the "healthy" pasta
contained in
Ronzoni's traditional-size non-transparent cardboard boxes, Defendant has
engaged
tendency,
in
an
unfair and
deceptive business practice
and effect of deceiving reasonable
products. Reasonable
of Ronzoni
consumers
"healthy" pasta
that has the
consumers
would believe that the
would contain the
11
same
who
capacity,
purchase the
same
traditional-size boxes
quantity (net weight)
of
pasta
as
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Case 7:16-cv-06157
the traditional-size blue and
wheat
cardboard boxes of
Page
12 of 15
regular semolina/durum
pasta that they have purchased for decades.
37.
Defendant knew,
sized boxes of
pasta,
yellow
Filed 08/03/16
should have known, that
"healthy" pasta with substantially
consumers
"healthy" pasta
38.
or
would be misled into
and would
less
purchasing
its traditional-
quantity (net weight) of "healthy"
a
substantially
unknowingly pay a premium
Plaintiff and the Class have been
by under filling
lesser
quantity of
in connection with their purchase.
aggrieved
and have suffered losses
as a
result of Defendant's violations of Section 349 of the New York General Business Law.
By virtue
trade
or
injured
of the
foregoing unfair, unconscionable,
and
deceptive
acts in the conduct of
commerce, Plaintiff and the members of the Class have been
in the amount of the
they paid,
or, in the
"healthy" pasta
39.
purchase prices for the Ronzoni "healthy" pasta boxes that
alternative, have been damaged by paying
boxes that
constitutes
more
for the Ronzoni
they purchased.
Defendant continues to violate Section 349 of the New York General
Business Law, and continues to
40.
substantially
By
reason
of the
deceptive acts
and
aggrieve the members of the Class.
foregoing,
Defendant's conduct,
as
alleged herein,
practices in violation of Section 349 of the New York
General Business Law, and Defendant is liable to Plaintiff and the Class for the actual
and/or
statutory damages that they have suffered
amount of such
damages to
be determined at trial,
fees and costs. Plaintiff further demands
continuing
or
to engage
in,
other representations,
as a
use,
or
injunctive
result of Defendant's actions, the
plus treble damages, and attorneys'
relief
enjoining Defendant from
employ any act, including advertisements, packaging,
prohibited by Section 349 of the New York General Business
Law.
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Case 7:16-cv-06157
(Violation
41.
in
SECOND CAUSE OF ACTION
of New York's General Business Law Section
29 above, Plaintiff
set forth
13 of 15
Page
On behalf of herself and the members of the New York
Paragraph
though
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fully herein,
the
hereby realleges,
allegations
and
350)
Class,
as
defined
incorporates by reference
contained in
Paragraphs
1
through
as
40
above.
42.
advertising
New York's General Business Law Section 350
in the conduct of any business, trade
prohibits "[f]alse
or commerce or
in the
furnishing
of
any service."
43.
of
a
Section 350 defines "false
commodity,
opportunity
or
if such
of the kind, character, terms
advertising
provides that advertising
advertising"
advertising"
to include
is
misleading
be false
can
in
conditions of any
or
a
material
by omission,
"advertising [that]
"advertising, including labeling,
as
employment
respect." The
section also
it further defines "false
as
fails to reveal facts material in the
light of such
representations with respect to the commodity...to which the advertising relates."
44.
Defendant's
"healthy" pasta products
"false
advertising,
packaging, labeling, marketing,
are
because
"misleading
in
by packaging
a
the
material
products
same
with
only
12
ounces
filling
ounces
as
(net weight)
same
of
as
"healthy" pasta
compared
"healthy" pasta,
to
filling
as
those
it does
pasta products, Defendant falsely
represents the quantity of "healthy" pasta products that
13
in the
its traditional Ronzoni
those boxes of
with its traditional Ronzoni semolina/durum wheat
of Ronzoni
respect, and thus constitute
(net weight) of "healthy" pasta
dimension cardboard with 16
advertising
"healthy" pasta products
dimension, iconic non-transparent cardboard boxes
semolina/durum wheat pasta products, but
and
are
contained in the boxes.
Case 7:16-cv-06157
45.
Document 1
Filed 08/03/16
Page
14 of 15
Defendant continues to violate Section 350 of the New York General
Business Law, and continues to
46.
By
constitutes false
of the
reason
advertising
aggrieve the members of the Class.
foregoing,
Defendant's conduct,
as
alleged herein,
in violation of Section 350 of the New York General
Business Law, and Defendant is liable to Plaintiff and the Class for the actual
that
have suffered
they
to be determined at
as a
result of Defendant's actions, the amount of such
damages
damages
trial, statutory damages, plus treble damages, and attorneys' fees
and costs.
47.
Plaintiff further demands
continuing
or
other
to engage
in,
or
use,
injunctive
employ
any act,
relief
enjoining Defendant from
including advertisements, packaging,
representations, prohibited by Section 350 of the New York General Business
Law.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enterjudgment
against Defendant
class
as
follows:
1.
Certifying
as
defined above,
designating
2.
the
this action
as a
designating
undersigned
as
class action
Plaintiff
as
practicable, with the
the named class
representative, and
Class Counsel.
On Plaintiff's First Cause of Action,
damages that
as soon as
awarding against Defendant
Plaintiff and the other members of the Class have suffered
Defendant's actions, the amount of such
damages
as a
to be determined at trial,
the
result of
plus treble
damages.
3.
damages
On Plaintiff's Second Cause of Action,
awarding against Defendant the
that Plaintiff and the other members of the Class have suffered
14
as a
result of
Case 7:16-cv-06157
Document 1
Defendant's actions, the amount of such
Filed 08/03/16
damages to
Page
15 of 15
be determined at trial,
plus treble
damages.
4.
Awarding Plaintiff and the Class interest, costs,
5.
Enjoining
Defendant from
continuing
act, including advertisements, packaging,
or
and
to engage
in,
attorneys' fees.
use,
other representations,
or
employ
any
prohibited by
Sections 349 and 350 of the New York General Business Law.
6.
Awarding
Plaintiff and the Class such other and further relief
as
this Court
deems just and proper.
DEMAND FOR TRIAL BY JURY
Pursuant to Federal Rule of Civil Procedure Rule 38, Plaintiff
trial
by jury
Dated:
on
all issues
so
hereby
demands
triable.
White Plains, New York
August 3, 2016
Respectfully Submitted,
/s/ Jeffrey I. Carton
DENLEA & CARTON LLP
Jeffrey I. Carton, Esq. (JC-8296)
Robert J. Berg, Esq. (RB-8542)
2 Westchester Park Drive, Suite 410
White Plains, New York 10604
Telephone: (914) 331-0100
Facsimile: (914) 331-0105
jcartondenleacarton.com
rbergdenleacarton.com
15
a
Document 1-1
Case 7:16-cv-06157
JS 44C/SDNY
REV. 07/08/16
Filed 08/03/16
1 of 2
Page
CIVIL COVER SHEET
The JS-44 civil cover sheet and the information contained herein neither replace nor
supplement the filing and service of pleadings
other papers as required by law, except as provided by local rules of court. This form,
approved by the Judicial Conference of the
United States in September 1974, is required for use of the Clerk of Court for the purpose of
the civil docket sheet.
or
initiating
PLAINTIFFS
DEFENDANTS
MELISSA STEWART,
on
behalf of herself and all others
situated,
similarly
ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER
Den lea & Carton LLP
2 Westchester Park Drive, Suite 410, White Plains, NY 10604
[email protected]; (914)
NEW WORLD PASTA
ATTORNEYS
COMPANY,
(IF KNOWN)
331-0100
CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF
(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)
28 U.S.C.
1332(d) (diversity jurisdiction); deceptive
Has this action, case,
If yes,
was
this
case
or
Vol.
proceeding,
D
or one
Invol.
trade
practices and false advertising under
essentially the same been previously filed
Dismissed. No
IS THIS AN INTERNATIONAL ARBITRATION CASE?
No
fl
El
Yes
Yes
E
If yes,
in SDNY at any time? No
[1120
130
[1140
310 AIRPLANE
315 AIRPLANE PRODUCT
LIABILITY
1320 ASSAULT, LIBEL &
MARINE
MILLER ACT
NEGOTIABLE
INSTRUMENT
150
RECOVERY OF
SLANDER
[1330
OVERPAYMENT &
ENFORCEMENT
OF JUDGMENT
151
1
152
MEDICARE ACT
RECOVERY OF
DEFAULTED
STUDENT LOANS
(EXCL VETERANS)
153
160
RECOVERY OF
OVERPAYMENT
OF VETERAN'S
BENEFITS
STOCKHOLDERS
& Case No.
111
FEDERAL
EMPLOYERS'
LIABILITY
[1340 MARINE
[1345 MARINE
PERSONAL INJURY
FORFEITURE/PENALTY
367 HEALTHCARE/
PHARMACEUTICAL PERSONAL
625 DRUG RELATED
INJURY/PRODUCT LIABILITY
SEIZURE OF PROPERTY
365 PERSONAL INJURY
21 USC 881
PRODUCT LIABILITY
1690 OTHER
368 ASBESTOS PERSONAL
INJURY PRODUCT
LIABILITY
BANKRUPTCY
PERSONAL PROPERTY
[1820 COPYRIGHTS
PRODUCT
LIABILITY
[1350 MOTOR VEHICLE
195
PRODUCT LIABILITY
[1360 OTHER PERSONAL
INJURY
1362 PERSONAL INJURY
MED MALPRACTICE
[1380
OTHER PERSONAL
LABOR
CIVIL RIGHTS
E
440
710 FAIR LABOR
STANDARDS ACT
[1441
LAND
[1220
245
290
OTHER CIVIL RIGHTS
[1443 HOUSING/
ACCOMMODATIONS
445 AMERICANS WITH
DISABILITIES
EMPLOYMENT
[1446 AMERICANS WITH
DISABILITIES -OTHER
448 EDUCATION
Check if demanded in
UNDER F.R.C.P. 23
Check YES
ENCED & CORRUPT
ORGANIZATION ACT
(RICO)
[1480 CONSUMER CREDIT
[1490 CABLE/SATELLITE TV
28 USC 2255
HABEAS CORPUS
535 DEATH PENALTY
540 MANDAMUS & OTHER
HIA
(1395ff)
850 SECURITIES/
BLACK LUNG (923)
DIWC/DIWW (405(g))
RSI
(405(g))
RELATIONS
751 FAMILY MEDICAL
LEAVE ACT (FMLA)
[1530
890 OTHER STATUTORY
790 OTHER LABOR
LITIGATION
791 EMPL RET INC
SECURITY ACT
ACTIONS
FEDERAL TAX SUITS
(U.S.
Defendant)
870 TAXES
Plaintiff
(ERISA)
or
893 ENVIRONMENTAL
MATTERS
[1895 FREEDOM OF
INFORMATION ACT
896 ARBITRATION
899 ADMINISTRATIVE
PRISONER CIVIL RIGHTS
PROCEDURE ACT/REVIEW OR
APPEAL OF AGENCY DECISION
462 NATURALIZATION
APPLICATION
[1465 OTHER IMMIGRATION
560 CIVIL DETAINEE
CONDITIONS OF CONFINEMENT
[1891 AGRICULTURAL ACTS
871 IRS-THIRD PARTY
26 USC 7609
IMMIGRATION
550 CIVIL RIGHTS
555 PRISON CONDITION
COMMODITIES/
EXCHANGE
SSID TITLE XVI
950 CONSTITUTIONALITY OF
STATE STATUTES
ACTIONS
complaint:
CHECK IF THIS IS A CLASS ACTION
DEMAND
VACATE SENTENCE
VOTING
442 EMPLOYMENT
RENT LEASE &
EJECTMENT
TORTS TO LAND
TORT PRODUCT
LIABILITY
ALL OTHER
REAL PROPERTY
450 COMMERCE
[1460 DEPORTATION
[1470 RACKETEER INFLU-
[1740 RAILWAY LABOR ACT
(Non-Prisoner)
REAL PROPERTY
240
861
862
863
864
865
PROPERTY DAMAGE
385 PROPERTY DAMAGE
PRODUCT LIABILITY
ACTIONS UNDER STATUTES
LIABILITY
230
PROPERTY RIGHTS
720 LABOR/MGMT
CONDEMNATION
FORECLOSURE
REAPPORTIONMENT
410 ANTITRUST
430 BANKS & BANKING
SOCIAL SECURITY
463 ALIEN DETAINEE
510 MOTIONS TO
[1210
400 STATE
830 PATENT
840 TRADEMARK
PRISONER PETITIONS
196 FRANCHISE
375 FALSE CLAIMS
[1376 QUI TAM
355 MOTOR VEHICLE
OTHER
CONTRACT
CONTRACT
PRODUCT
OTHER STATUTES
422 APPEAL
28 USC 158
423 WITHDRAWAL
28 USC 157
[)(1370 OTHER FRAUD
1-1-371 TRUTH IN LENDING
SUITS
190
§350
ACTIONS UNDER STATUTES
PERSONAL INJURY
INSURANCE
349 and
Judge Previously Assigned
Yes El
give date
TORTS
110
NY General Business Law
NATURE OF SUIT
(PLACE AN Ix] IN ONE BOX ONLY)
CONTRACT
CAUSE)
OTHER
DO YOU CLAIM THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.
AS DEFINED BY LOCAL RULE FOR DIVISION OF BUSINESS 13?
IF SO, STATE:
JUDGE
DOCKET
NUMBER16-6157
only if demanded in complaint
JURY DEMAND:
El YES an
NOTE: You must also submit at the time of filing the Statement of Relatedness form
(Form IH-32).
(PLACE AN
x
IN ONE BOX
02
El 1 Original
Proceeding
(PLACE AN
01
x
ONLY)
03
a. all parties represented
0
b.
At least one
is pro se.
El
Remanded
from
4
Reinstated
[X] in
one
0
3
FEDERAL QUESTION
NOT A
(Specify District)
Multidistrict
0 6 Litigation
one
[x]
07
(Transferred)
Appeal to District
Judge from
Magistrate Judge
box for
E4
Multidistrict
Litigation (Direct File)
IF DIVERSITY, INDICATE
CITIZENSHIP BELOW.
DIVERSITY
PARTY)
(FOR DIVERSITY CASES ONLY)
Defendant)
PTF DEF
DEF
[A1
2
Transferred from
BASIS OF JURISDICTION
box for Plaintiff and
CITIZEN OF ANOTHER STATE
5
08
U.S. DEFENDANT
PTF
CITIZEN OF THIS STATE
0
party
CITIZENSHIP OF PRINCIPAL PARTIES
an
2 of 2
Court
(U.S.
(Place
or
Reopened
Appellate
IN ONE BOX ONL'I
02
Page
ORIGIN
Removed from
State Court
El
U.S. PLAINTIFF
Filed 08/03/16
Document 1-1
Case 7:16-cv-06157
1
CITIZEN OR SUBJECT OF A
FOREIGN COUNTRY
3
3
INCORPORATED and PRINCIPAL PLACE
OF BUSINESS IN ANOTHER STATE
2
INCORPORATED
4
4
FOREIGN NATION
or PRINCIPAL PLACE
OF BUSINESS IN THIS STATE
PTF
DEF
5
5
6
6
[1
PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)
Melissa Stewart
14 Country Acres Drive
Wallkill, New York 12589
DEFENDANT(S) ADDRESS(ES)
New World Pasta Company
AND
COUNTY(IES)
85 Shannon Road
Harrisburg, PA 17112
DEFENDANT(S)
ADDRESS UNKNOWN
REPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN
THE RESIDENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:
COURTHOUSE ASSIGNMENT
I
hereby certify that this case should
Check
DATE
be
to the courthouse indicated below pursuant to Local Rule for Division of Business 18, 20
DO NOT check either box if this is a PRISONER PETITION/PRISONER CIVIL RIGHTS COMPLAINT.
one:
assigned
THIS ACTION SHOULD BE ASSIGNED TO:
08/03/2016
SIGNATU'
Pi
F AT
il
El WHITE PLAINS
is to be
designated by the
Clerk of the Court.
Magistrate Judge
Ruby J. Krajick,
Clerk of Court
is
by
UNITED STATES DISTRICT COURT
MANHATTAN
ADMITTED TO PRACTICE IN THIS DISTRICT
NO
Yr. 1993
A YES (DATE ADMITTED Mo.6
Attorney Bar Code 2442622
RNEY OF RECORD
RECEIPT
Magistrate Judge
El
Deputy Clerk,
(NEW YORK SOUTHERN)
DATED
so
Designated.
or
21.
Case 7:16-cv-06157 Document 1-2 Filed 08/03/16 Page 1 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
__________ District of __________
)
)
)
)
)
)
)
)
)
)
)
)
MELISSA STEWART, on behalf of herself
and all others similarly situated,
Plaintiff(s)
v.
NEW WORLD PASTA COMPANY,
Defendant(s)
Civil Action No. 16-6157
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address)
New World Pasta Company
85 Shannon Road
Harrisburg, PA 17112
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
Case 7:16-cv-06157 Document 1-2 Filed 08/03/16 Page 2 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 16-6157
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)
.
’ I personally served the summons on the individual at (place)
on (date)
; or
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)
, and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual)
, who is
designated by law to accept service of process on behalf of (name of organization)
on (date)
; or
’ I returned the summons unexecuted because
; or
’ Other (specify):
.
My fees are $
for travel and $
for services, for a total of $
0.00
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:
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