CHICAGO – A Pennsylvania frozen food manufacturer alleges it was harmed by the costs it incurred in redesigning a product for a retail pharmacy chain that it later canceled.
Leonetti's Frozen Foods Inc. filed a complaint on Oct. 3 in Cook County Circuit Court against Walgreen Co. alleging breach of contract, unjust enrichment and other counts.
According to the complaint, the parties entered into an agreement in 2011 for the plaintiff to manufacture certain private label products to the defendant's specifications. The suit states by 2017, the plaintiff was only manufacturing a beef cheesesteak sandwich for the defendants' Nice! label. The plaintiff alleges the defendant forced it to redesign the product and ingredients and then later stopped ordering the product completely.
The plaintiff holds Walgreens responsible because Walgreens' representatives allegedly breached its agreement by discounting the product weeks after approving the redesign and initial packaging order.
The plaintiff requests a trial by jury and seeks equitable relief, damages in an amount to be determined at trial, or, in the alternative, awarding restitution in an amount to be determined at trial, and requiring Walgreens disgorge all amounts by which it has been unjustly enriched. It is represented by David S. Almeida and Trevor J. Illes of Benesch, Friedlander, Coplan & Aronoff LLP in Chicago.
Cook County Circuit Court case number 2018L010721