A class action lawsuit has been filed against a major retail corporation, accusing it of deceptive advertising practices related to its avocado oil products. The complaint was lodged by Rajat Dawar in the United States District Court for the Northern District of Illinois on September 27, 2024, targeting Sam’s West, Inc. and Sam’s East, Inc.
The plaintiff, Rajat Dawar, claims that the defendants have falsely marketed their Olivari Avocado Oil as "100% Pure Avocado Oil," misleading consumers into believing they are purchasing pure avocado oil when, in fact, the product is adulterated with other oils. This alleged misrepresentation violates Illinois’ Consumer Fraud Act and constitutes a breach of express warranty and fraud. Dawar asserts that he purchased the product based on these representations and would not have done so had he known the truth about its contents. The lawsuit seeks relief for all individuals who bought the deceptively labeled products during the statute of limitations period.
According to the filing, Dawar's purchase decision was significantly influenced by the labeling which prominently displayed an image of an avocado and listed "avocado oil" as the sole ingredient. However, subsequent investigations revealed that these products were not pure as claimed. A study conducted by scientists at UC Davis found widespread adulteration in the avocado oil industry, including products sold by major retailers like Sam’s Club. The lawsuit highlights this issue as material to consumers who may rely on such representations for health reasons or due to allergies.
Dawar is seeking class certification for a nationwide class and an Illinois subclass of affected consumers. He demands restitution and disgorgement of profits gained from these allegedly unlawful practices, along with compensatory damages and punitive damages where applicable. Additionally, he requests injunctive relief to prevent further misleading marketing practices by Sam’s Club regarding their avocado oil products.
Representing Dawar are attorneys from Bursor & Fisher P.A., Smith Krivoshey PLLC, and Faruqi & Faruqi LLP. The case is identified under Case No.: 1:24-cv-09106 but does not yet list a presiding judge.