Walter Mencken 9:15 a.m., March 28
Lawsuit claims manufacturer intentionally markets "toxic" frozen pizzas
San Diegan Katie Simpson has filed a lawsuit against California Pizza Kitchen and Nestle USA, claiming that the food companies are “deliberately poisoning their customers,” Courthouse News Service reports.
“Artificial trans fat is a toxic carcinogen for which there are many safe and commercially acceptable substitutes,” says Simpson in her complaint, referencing the ingredient partially hydrogenated vegetable oil, an ingredient in store-bought frozen pizzas produced by Nestle under the California Pizza Kitchen, DiGiornos and Stouffer’s brands.
Banned in several other countries around the world, California was the first state to ban artificial trans fats in restaurants, and has limited the acceptable level used in foods offered in school lunches, Simpson continues.
“Plaintiff lost money as a result of defendants' conduct described herein in that she purchased products that, because they were detrimental to her health, were unfairly offered for sale in violation of California law. Had defendants not violated the law, plaintiff would not have been able to purchase the Nestle trans fat pizzas, or would have only been able to purchase Nestle and CPK pizzas containing safe alternatives to PHVO and trans fat.”
Simpson admits that she was never forced to purchase or eat Nestle pizzas, but says that she did so “repeatedly,” and claims that their availability in grocery stores forces healthier alternatives off the shelves.
According to Courthouse News, Simpson is asking for “restitution, disgorgement, a cease and desist order for abatement of nuisance, corrective advertising and damages for unfair competition.”
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