Trader Joe's truffle flavored oil was too cheap for reasonable consumers to think it real

Brumfield v. Trader Joe’s Co., 2018 WL 4168956, No. 17 Civ. 3239 (LGS) (S.D.N.Y. Aug. 30, 2018)Brumfield alleged that Trader Joe’s “Black Truffle Flavored Extra Virgin Olive Oil” contains no actual black truffle, but instead contains 2,4-dithiapentane, a petroleum based synthetic injection that imitates the taste and smell of truffles, in violation of New York and California law as well as the Magnuson-Moss Warranty Act. “Truffles are a very rare and expensive type of fungus, which have sold for as much as $100,000 per pound.”  [They are also delicious.]  All the claims were dismissed for failure to allege an actionable misrepresentation.“Black truffle” is printed in large black letters on the product; “flavored” and “extra virgin olive oil” are printed in smaller cursive letters underneath. The court found that the product was clearly labeled “Black Truffle Flavored,” which…

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