Quinoa Believe It?

A new proposed class action was recently filed in the Eastern District of New York against the maker of I Heart Kweenwah "Quinoa Puffs."  The complaint alleges that the defendant, I Heart Foods Corp. is misleading consumers about the nature of its product, implying that quinoa is the main ingredient when it allegedly is not.  

Specifically, plaintiff alleges that the "misleading representations include the Product name in large capitals on the front and back panel, the back panel text only discussing quinoa, the emphasis on the high protein content, implied to be the result of the quinoa and 'quinoa puff' being an ingredient." These representations create the "erroneous impression that quinoa (quinoa flour) is present in an amount greater than is the case, in terms of percentage and absolute amount."   Such representations are material to consumers' purchasing decisions, claims plaintiff, because "the presence of quinoa has a material bearing on price and consumer