Santa Clara, CA: Goya Foods Inc, is facing a consumer fraud class action lawsuit over allegations it misrepresents its octopus products.
Filed by Luis Diego Zapata Fonseca of Salinas, individually and for all others similarly situated, in the Northern District of California San Jose Division, the complaint alleges Goya labels and sells several octopus products as containing octopus, when the products actually contain jumbo squid. Squid is significantly cheaper and lower in quality than octopus, according to the suit.
Represented by L. Timothy Fisher of Bursor & Fisher in Walnut Creek, California, and James P. Gitkin of Salpeter Gitkin in Fort Lauderdale, Florida, the plaintiffs allege breach of express and implied warranties, unjust enrichment, negligent misrepresentation, fraud, and violations of California's Consumer Legal Remedies Act, its Unfair Competition Law, and the state's False Advertising Law.
The case is US District Court for the Northern District of California San Jose Division Case number 5:16-CV-02559-HRL.
