On October 8, 2021, Stacey Castle (“Castle” or “Plaintiff”), individually and on behalf of all others similarly situated, represented by Spencer Sheehan of Sheehan & Associates, P.C., filed a personal property fraud lawsuit against The Kroger Co., (“Defendant”), seeking prospective temporary and permanent injunctive relief and declaratory relief along with damages, costs and attorneys fees for the Defendant’s alleged breach of warranties and unfair business practices. This case was filed in U.S. District Court in the Eastern District of Wisconsin with Judge Pamela Pepper presiding.
In the complaint, Plaintiff alleged that, “The Kroger Co. (“defendant”) manufactures, labels, markets, and sells slices of Gouda cheese purporting to get its smoked attributes – including taste and color – entirely from being smoked, under its Private Selection brand (“Product”).”
The Plaintiff further alleged that, “Defendant’s representation of the Product as “Smoked Gouda” violates 21 U.S.C. § 343(a)(1) and ch. 97.03 (“Standards; misbranding.”), which deem food misbranded when the label contains a statement that is “false or misleading in any particular.”
The Plaintiff also alleged that, “The Product is sold for a price premium compared to other similar products, no less than approximately $3.99 per 10 slices (8 oz), a higher price than it would otherwise be sold for, absent the misleading representations and omissions.”
There are six claims for relief laid down by the Plaintiff. The first claim is for the alleged violation of Wisconsin Unfair Trade Practices Act (“UTPA”), Wis. Stat. § 100.20. The second claim is for the alleged violation of State Consumer Fraud Acts on behalf of the Consumer Fraud Multi-State Class. The third claim deals with the alleged breaches of express warranty, implied warranty of merchantability and Magnuson Moss Warranty Act, 15 U.S.C. §§ 2301, et seq. The fourth claim is for alleged fraud committed by the Defendant. The fifth claim is for alleged negligent misrepresentation of the product by the Defendant. The sixth claim deals with alleged unjust enrichment.
In the prayer for relief, the Plaintiff has requested the Court to designate the suit as a proper class action and certify Plaintiff as representative and the undersigned as counsel for the class. The Plaintiff has further requested the Court to enter preliminary and permanent injunctive relief by directing Defendant to correct the challenged practices to comply with the law; award injunctive relief by ordering Defendant to remove, correct and/or refrain from the challenged practices and representations; and grant restitution and disgorgement for members of the class pursuant to the applicable laws.
The Plaintiff has also requested the Court to award monetary damages, statutory and/or punitive damages pursuant to any statutory claims and interest pursuant to the common law and other statutory claims along with costs and expenses including reasonable fees for Plaintiff's attorneys and experts or any other relief that the Court deems just and proper.
This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.
Pending - Other Pending
The Kroger Co.
Attorney at Sheehan & Associates, P.C.
60 Cuttermill Rd - Ste 409, 11021
Great Neck, NY 11021
Civil Cover Sheet Civil Cover Sheet
Summons Proposed Summons
Docket(#2) DISCLOSURE Statement by Stacey Castle. (Sheehan, Spencer)Read MoreRead Less
DocketSummons Issued as to The Kroger Co. (asc)Read MoreRead Less
DocketNOTICE Regarding assignment of this matter to Chief Judge Pamela Pepper; Consent/refusal forms for Magistrate Judge Dries to be filed within 21 days; the consent/refusal form is available #here. Pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed. (jcl)Read MoreRead Less
Docket(#1) COMPLAINT with Jury Demand; against The Kroger Co. by Stacey Castle. ( Filing Fee PAID $402 receipt number AWIEDC-3943630) (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons Proposed Summons)(Sheehan, Spencer)Read MoreRead Less
Get Deeper Insights on Court Cases