Date: 03-27-2023

Case Style:

Oluwakemi Adewol, et al. v. Frickenschmidt Food, LLC, et al.

Case Number: 4:22-cv-254

Judge: Catherine D. Perry

Court: United States District Court for the Eastern District of Missouri (St. Louis County)

Plaintiff's Attorney:

Defendant's Attorney: David C. Berwin for Frickenschmidt Foods LLC

Mark V. Bossi, Peter H.B. Van Tol, III, Daniel Joseph Petrokas for Wicked Cutz, LLC

Description: St. Louis, Missouri personal injury lawyers represented Plaintiffs who sued Defendant on fraud theories.

In an attempt to capitalize on consumer demand for health-focused
and “gluten free” foods, Defendant sells its Wicked Cutz products throughout the
United States. However, as Defendant knows, its “gluten free” products actually
contain gluten. Thus, the statement on Defendant’s products’ labels claiming that
the products are “gluten free” is false, misleading, and designed to deceive
consumers into paying a price premium and choosing Defendant’s products over a
competitor’s product.

Outcome: 03/27/2023 72 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Frickenschmidt's Motion to Dismiss First Amended Class Action Complaint and Strike Allegations or, In the Alternative, Motion for a More Definite Statement 41 is granted. IT IS FURTHER ORDERED that Plaintiffs' amended complaint 5 is dismissed. Signed by District Judge Catherine D. Perry on 3/27/2023. (KEK) (Entered: 03/27/2023)
03/27/2023 73 ORDER OF DISMISSAL: IT IS HEREBY ORDERED that Plaintiffs' amended complaint 5 isDISMISSED. Signed by District Judge Catherine D. Perry on 3/27/2023. (KEK) (Entered: 03/27/2023)

Plaintiff's Experts:

Defendant's Experts:

Comments: