![]() ![]() The plaintiff seeks to represent a Class of consumers including anyone in the U.S. He says he doesn’t have the resources to determine whether Flavor God is in compliance with state and federal law regarding pricing practices. The class action lawsuit says the plaintiff is “susceptible to recurring harm” because he can’t be sure Flavor God has corrected its pricing and he wishes to shop on the site in the future. Sullivan claims the he and the proposed Class Members would not have purchased Flavor God sale items or would have paid less for the products had they known the company was not being honest. “Flavor God knows that the prices are fake and artificially inflated and intentionally uses them in its deceptive pricing scheme on its website to increase sales and profits by misleading Plaintiff and Members of the putative class to believe that they are buying products at a substantial discount,” the class action lawsuit says. The plaintiff claims he purchased the seasoning believing the representation that the $6.26 was, in fact, a discounted price, thereby falling “victim to the deception intended by Flavor God.” The item’s price was displayed as $6.26, down from $19.99. He says Flavor God was advertising a “sale” on its site, so he browsed and eventually added Flavor God’s Garlic Lover’s seasoning to his cart. Sullivan says he fell victim to deceptive Flavor God sale tactics while shopping for seasonings in September. The reference price also cannot be an indication of the prevailing market price for the product because Flavor God only sells its products on its own website, Sullivan argues.Īdding to the problem are the messages such as “FALL SALE” displayed on the company’s website, which Sullivan says “give customers a sense of urgency” about taking advantage of fake Flavor God sale prices. “The only purpose of the Reference Price is to mislead customers into believing that the displayed Reference Price is an original, regular, or retail price at which Flavor God usually sells the item or previously sold the item in the recent past,” the class action lawsuit says. The Flavor God sale price is displayed, along with a reference price, conveying to customers that the product was recently sold for that higher amount, the class action lawsuit states.īut Sullivan maintains the reference price is falsely inflated because the company “rarely, if ever” sells the products at that price. On any given day, the Flavor God website displays “some form of a sale” in which nearly all the company’s products are allegedly marked down by a certain amount. The plaintiff says the company’s business model relies on customer deception. ![]() ![]() “The law recognizes the reality that consumers often purchase merchandise marketed as being ‘on sale’ purely because the proffered discount seemed too good to pass up,” Sullivan’s complaint said. ![]()
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