A class-action lawsuit was filed in January against Flowers Foods, Inc. The lawsuit, styled litigation against a corporation, asserts that the company engaged in a conspiracy to falsely label its food as low calorie, low fat, and low quality in violation of both federal and state law. According to the complaint, the Flowers Foods brand was “mislabeled” during the manufacture of many different types of food.
Many of these items were labeled “low fat”, “low carb”, or “low sugar”, when they were actually 100% sugar. This act resulted in a significant loss of clientele, and in particular, store customers, as they were incorrectly being provided with foods that were potentially harmful to their health. The complaint further claims that this act was designed to increase profits for the company at the expense of the public’s health.
Lawsuit Against Flowers Foods
If your lawsuit has been certified in the above action, you are not responsible for any damages arising from the breach of your contract with Flowers Foods, Inc. However, you may be entitled to compensation for pain and suffering.
If you have been injured as a result of this misrepresentation, you may be able to recover compensatory and/or punitive damages. If you have been certified in the above action, you will need to send a letter of demand to Flowers Foods, Inc., which they must receive within three days of your discovering the breach of your agreement.
On or about the date stated in the above lawsuit date, Flowers Foods, Inc. must respond to the complaint by either defending their conduct or dismissing it with prejudice.
The question whether or not the company will defend their conduct is a question of law and can only be decided by a court of law. If the company fails to respond or defend their conduct, a plaintiff in that lawsuit who is not already an enrolled member of another lawsuit, who requests relief from the arbitration award, must file a motion to continue the lawsuit. The party bringing the lawsuit is entitled to recover their attorney’s fees.
On or about the date stated in the above lawsuit date, the company must file an answer to the complaint.
Again, a plaintiff in such a lawsuit who is not already an enrolled member of another lawsuit is entitled to recover their attorney’s fees, if the plaintiff does not prevail in the class action lawsuit. Flowers Foods, Inc. v. Blum, et al. This class action lawsuit was filed in the State of Florida. Flowers Foods is a defendant in this case.
There is currently another pending lawsuit in which plaintiffs who are currently represented by the same Flowers Foods LLC d/c are accusing the company of infringing on the rights of independent contractors.
If this current lawsuit and class action lawsuit become public knowledge, or if the company engages in acts of misconduct, the company could be held liable for civil liabilities in excess of $10 million. If the Court permits class action lawsuits, then Flowers Foods might have to seek financial damages in order to recover its costs and defend against such claims.
Flowers Foods distributors are typically classified as direct selling companies.
The majority of the cases that have resulted in damages being awarded to plaintiffs have been ruled on direct selling merits alone. The Court has allowed a class of independent contractors to join a lawsuit as a result of negligence, but this ruling has been challenged due to the fact that the majority of cases that result in this compensation are settled outside of court.
In the majority of cases involving personal injury or defective products, it is the distributor that ultimately pays the individual who has sued them. Because these distributors do not engage in the same conduct with all individuals who are liable for injuries caused by their products, it is often more difficult for them to successfully negotiate settlements outside of court.