A California shopper says he was tricked when he went to Walmart and bought a bottle of what he thought was “pure avocado oil” — only to find out later that the product allegedly contained other mystery ingredients.
Plaintiff Matthew Hawkins has now filed a proposed class action lawsuit against Walmart Inc., alleging the retail giant broke California and federal consumer laws with the marketing of its “Walmart’s Great Value Brand Avocado Oil.”
He’s looking to represent any other consumers in California who also believe, like him, that they were tricked into buying a medley of oils they didn’t want.
Included in Hawkins’ lawsuit is a photo of the allegedly deceptive avocado oil. He says the product marketing “conveys the unequivocal message” that the bottle is filled with pure avocado oil. In fact, the ingredient list on the back even states that avocado is the only ingredient, Hawkins says.
“However, this is not the case,” he says. “Unbeknownst to consumers, the [products] are adulterated with other oils.”
Hawkins said he investigated the oil by doing testing and analysis of the product through third party laboratories. He alleges the labs found that the fatty acid and sterol profiles of the products found that they are not pure avocado oil.
The lawsuit says it’s a serious problem for Walmart to have falsely marketed the avocado oil, as alleged.
Firstly, avocado oil is well-known to be one of the healthiest cooking oils, and customers may choose to purchase it and spend more on it for this reason, Hawkins says.
But even more seriously, some consumers may be allergic to consuming certain oils. Either way, no consumers can expect to know what type of oil they are consuming, the lawsuit says.
Hawkins says he remembers paying between $9 and $10 for a bottle of the oil in August last year, thinking he was buying pure avocado oil.
Had he known that the product was not pure avocado oil, he wouldn't have bought it, or would have paid less for it, he says.
Hawkins is suing for violations of California consumer laws and breach of warranty. He is seeking certification of the class action, damages, fees, costs and a jury trial.
Meanwhile, Walmart has agreed to pay some consumers up to $500 in compensation as part of a $45 million settlement to a class action lawsuit alleging the retailer deceived customers into paying more for certain goods, the Washington Post reports.
That settlement, if given final approval after a hearing in June, applies to anyone who bought “weighted goods” including bagged citrus, and some meat and seafood products at Walmarts from Oct. 19, 2018, to Jan. 19, 2024.
The plaintiff and the proposed class is represented by Lisa T. Omoto of Faruqi & Faruqi LLP.
The Great Value brand avocado oil class action lawsuit is Hawkins et al., v. Walmart Inc, Case No. 1:24-cv-00374-KES-SKO in the Superior Court of the State of California.
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