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Snack Food False Advertising Suit Filed over Ancient Grain Controversy

Elizabeth DiNardo, Esq. | Associate Counsel


A $5 million proposed class action suit was filed against food manufacturer MJS America LLC, alleging that the company engaged in false advertising with the marketing of its popular “Ancient Grain Twists” snack food.Named plaintiff Danielle Louis filed the proposed class suit in federal court in the Eastern District of New York on February 18, 2018. Louis argues that the defendant, acting under the brand name Majans Bhuja Snacks, promotes the product in question as being primarily comprised of actual ancient grains like millet and spelt, and pseudo-cereals like quinoa seeds and chia seeds. Plaintiff claims that many consumers actively seek out products containing mainly ancient grains over modern grains because ancient grains generally come in a whole form, making them more nutritious and easily digestible. Modern grains are generally described as corn and rice, which are processed in such a way that generally reduces nutritional value. Plaintiff argues that consumers are willing to pay premium prices for products containing ancient grains. Despite having “ancient grains” in the product name, in reality Ancient Grain Twists contain a majority of modern foodstuffs, like rice, canola oil, tapioca and yellow peas.

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In addition to claims of false advertising, the suit also brings claims of violation of New York’s General Business Law, breach of express warranty, breach of implied warranty of merchantability, along with fraud and unjust enrichment.

The case is: Louis v. MJS America LLC, Case No.: 1:18-cv-01046, in the U.S. District Court for the Eastern District of New York.

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