This is a consumer protection action arising out of the deceptive and otherwise improper business practices that Defendant, IBERIA FOOD CORP. engages in through the packaging, marketing, and sale of the 68 Fl. Oz. Iberia Premium Blend Extra Virgin Olive Oil (“the Product”). The Product is sold in misleadingly labeled containers where the words “Extra Virgin Olive Oil” are emboldened and holographic whilst the words “Sunflower Oil &” above these are printed inconspicuously in indistinct, camouflaged ink and narrow font that is barely distinguishable from the background and is readily overlooked by consumers.
As alleged, the “Extra Virgin Olive Oil” is in conspicuous gold that is prominent to the eye. By contrast, the sunflower oil disclosure is in black typeset that blends into the dark green background and will be readily missed once the more ostentatious olive oil disclosure catches the hurried shopper’s eye. By highlighting and emboldening “Extra Virgin Olive Oil” while simultaneously obscuring “Sunflower Oil &” in camouflaged ink, Defendant intends to mislead the rushed and unsuspecting consumer into believing that the Product is entirely comprised of Extra Virgin Olive Oil. Defendant intends for consumers to believe that they are purchasing a product which they are not.
This deception is particularly brazen and egregious given that the Product is only 20% extra virgin olive oil and an entire 80% refined sunflower oil. Defendant thus goes out of its way to highlight the minor ingredient while obscuring the major one.