A proposed false advertising class action lawsuit was filed in California state court on Monday alleging that Quorn, manufacturer of vegetarian food products, misled consumers into buying products made from fermented mold, not a mushroom-based protein as described on package labeling.
Plaintiff Kimberly Birbower accused Quorn Foods Inc. of purposely hiding the fact that their products are made from fermented soil mold. Instead, Birbower claims, Quorn advertises its vegetarian meat-substitute products as containing a mushroom-derived “mycoprotein” that “is the same or substantially similar to a mushroom, truffle, or morel.”
Birbower claims that the term mycoprotein “is instead a brand name coined by Quorn for an ingredient that is actually fermented soil mold with added vitamins and flavors.” She continued, “Quorn’s representations on its boxes are clearly designed to deceive consumers into believing they are purchasing a mushroom-based product, not a mold-based product.”
The plaintiff stated that she originally purchased Quorn’s “Chick’n” products from a Whole Foods in Los Angeles, but did not find out the products were allegedly made from mold until 2015.
In 2015, Quorn included a disclosure on its packaging in the allergy warning section following the illness of several customers, including the alleged death of one consumer, after eating the product, Birbower claimed.
The warning label on Quorn indicates that some rare adverse reactions have been noted from ingesting the product “which contains mycoprotein, a member of the fungi/mold family,” Birbower said. Birbower claims this information was “intentionally buried” in the allergy section of the product packaging “so that it would not be read by ordinary consumers.”
“Had Quorn disclosed the truth to Plaintiff and consumers – i.e, that its products are actually made of mold – Plaintiff and consumers would not have purchased Quorn’s products, and certainly not at the price they paid,” the Quorn class action lawsuit read.
Birbower brought forth four counts against Quorn including violations of California’s false advertising laws, unfair business laws and the California Consumers Legal Remedies Act, as well as a fraud/fraudulent concealment.
The plaintiffs seeks to represent a class of California consumers who purchased Quorn products over the last four years. She is seeking injunctive relief, asking the company to cease its advertising saying the ingredients of the product are similar to or the same as mushrooms, morels and truffles. Birbower is also asking for a clear statement to alert consumers that the product contains mold.
In July 2013, a child residing in California, Miles Bengco, died after having an asthma attack, according to Quorn’s website. However, Quorn stated that the L.A. County medical examiner concluded the boy had not received any medication for his poorly controlled asthma a month prior to his fatal asthma attack and had been placed on an organic diet instead.
The child’s family filed a Quorn lawsuit stating that Miles had a severe mold allergy and died of anaphylactic shock, according to official court documents.
Birbrower is represented by Jason M. Frank and Scott H. Sims of Eagan Avenatti LLP and Eric F. Yuhl and Christopher P. Yuhl of Yuhl Carr LLP.
The Quorn Mold Ingredients Class Action Lawsuit is Birbrower v. Quorn Foods Inc., Case No. BC608107 in the Superior Court of the State of California, Los Angeles County Central District.
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