Staten Island man brings class action suit against RX bars
By: Tracey Porpora
Michael Pizzirusso says in court papers that he was deceived to believe RX Bars contained “real” egg whites.
Apparently outraged by the alleged false advertising, Pizzirusso started a class action suit in New York Federal Court against the company that manufactures the popular health bar, the Chicago Bar Company, LLC.
“Defendant’s [Chicago Bar Company, LLC] marketing message is built around the promotion of ‘real’ ingredients and alludes to other companies that ‘hide’ unfavorable or artificial ingredients deep in their ingredient list on the back of the package,” said the court complaint.
“The defendant does not use egg white power in its complete form, which would have entitled it to utilize the name ‘egg whites’ to refer to the subject ingredient,” claims the defendant in court documents.
Pizzirusso’s lawyer, Joshua Levin-Epstein of the Manhattan-based Levin-Epstein & Associates, refused comment about the case.
However, the Lawsuit Reform Alliance of New York said this kind of court case isn’t the intended use of a class action suit.
“This lawsuit highlights the need for reform in how New York handles class action lawsuits. I am not sure that most consumers would feel they were deceived and damaged because a product does not contain entire egg whites,” said Tom Stebbins, Lawsuit Reform Alliance of New York executive director.
“In many false advertising claims the majority of a settlement goes to the lawyers while the consumers see little to no benefit. The complaint utilizes a New York law that was never intended for the class action context. The section of the state business law that mandates a $50 minimum payout for a plaintiff should not be applied per class member and the legislature should update the law to make that clear,” he added.