Lincoln Bandlow was quoted in the Daily Journal article, "Class Action Filed Against Chiquita for Allegedly Misleading Consumers." Full text can be found in the April 21, 2015, issue, but a synopsis is noted below.
A class action law suit was filed against a large banana company for multiple reasons including the violation of the Consumer Legal Remedies Act, the California Unfair Competition Law and false advertising.
The banana company describes itself as socially and environmentally responsible on their website. However, at the Guatemalan plantation, they are spraying pesticides that are contaminating local water sources and causing illness to the surrounding communities.
Lincoln Bandlow has experience in a similar case. Regarding this case, he said that there will be a battle to prevent class certification.
Bandlow commented, "One of the things they may say is that the statements [on the company website] are essentially puffery and not definitive assertions of environmental impact. The law on material omissions is more difficult and sticky."
"They'll have to show that the facts would have made a material difference in the mind of a reasonable person," he added, "but the company will argue every consumer's experience is different and there is not enough commonality of issue."
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