Joshua S. Bauchner

Class Action Suit filed against Welch Foods, Inc. & The Promotion in Motion Companies, Inc.

Ansell Grimm April 11, 2017

ANSELL GRIMM & AARON, PC recently commenced a class action against Welch Foods, Inc. and The Promotion in Motion Companies, Inc. seeking redress for Defendants’ unconscionable and deceptive consumer practices in misrepresenting the fruit content and the nutritional and health qualities of Welch’s fruit snacks (the “Fruit Snacks” or “Products”), in the Superior Court of the State of New Jersey, Monmouth County.

The Complaint alleges that Defendants engaged in a deceptive marketing campaign to convince consumers that the Fruit Snacks contain significant amounts of the actual fruits shown in the marketing and on the labeling of the Products, are nutritious and healthful to consume, and are more healthful than similar products. In fact, these representations are not accurate.

For example, in a May 19, 2009 press release announcing the launch of the Island Fruits variety of the Fruit Snacks, Michael Rosenberg, President and CEO of Promotion in Motion, claimed, “Like all Welch’s® Fruit Snacks, new Island Fruits is made with Real Fruit and Fruit Juices . . . It’s a better alternative to lots of other snacks as it also contains 100% of the daily value of Vitamin C, 25% of the daily value of Vitamins A and E and is fat free. We find that Mom is putting one pack of Welch’s® Fruit Snacks Island Fruits in her kid’s lunchbox—and keeping one pack for herself.” Indeed, Defendants label and market the Fruit Snacks as “Made With REAL Fruit,” prominently depict a cornucopia of characterizing fruits on the front of each package, and prominently claim that “Fruit is our 1st Ingredient!”

However, Defendants’ Fruit Snacks contain only minimal amounts of the vibrantly depicted fruits, and are no more healthful than candy. In fact, two of the first three ingredients in the Fruits Snacks are added sweeteners. On average, sugar makes up 40% of each serving of the regular Fruit Snacks, 60% of each serving of the Fruit ’n Yogurt Snacks, more than half of each serving of the PB & J Snacks, and about 40% of the Fruit Rolls Snacks. The Products are mostly a combination of corn syrup, sugar, modified corn starch, juice from concentrate, and artificial flavors and dyes. The fruits that Defendants depict in the marketing and labeling of the Fruit Snacks are not the most predominant fruit in the Product and Defendants are only able to claim that “Fruit is our 1st Ingredient!” by violating federal labeling law.

Thus, although Defendants market their Fruit Snacks as healthful and nutritious, these Products are devoid of the health benefits Plaintiff and other reasonable consumers associate with consuming real fruit.

The Complaint alleges that Defendants’ deceptions played a substantial part in influencing Plaintiff’s, and other consumers’, decisions to purchase the Fruit Snacks. Plaintiff relied on Defendants’ “Made With REAL Fruit” claims prominently displayed on the front of the Products’ packages. If Plaintiff had known the true fruit content, as well as the true nutritional and health qualities of the Fruit Snacks she purchased, she would not have purchased the Fruit Snacks.

As a result, the Complaint alleges that Defendants’ deceptive statements regarding the Fruit Snacks violate state and federal law. Plaintiff asserts claims on behalf of herself and on behalf of all purchasers of the Fruit Snacks for Defendants’ violation of the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-1 et seq. (“CFA”), the New Jersey Truth in Consumer Contract, Warranty and Notice Act, N.J.S.A. 56:12-14 through 18 (“TCCWNA”), and for fraud, breach of express and implied warranties, and unjust enrichment.

Plaintiff is jointly represented by ANSELL GRIMM & AARON, PC and the RICHMAN LAW GROUP.

ANSELL GRIMM & AARON, PC regularly pursues claims on behalf of consumers deceived by marketing, labeling, or other misinformation concerning food and other products in the marketplace. If you, or someone you know, has purchased a product relying on deceptive information please contact Joshua S. Bauchner (jb@62q.f7d.myftpupload.com) or Michael H. Ansell (mha@62q.f7d.myftpupload.com) to discuss your case.

For more than 85 years, ANSELL GRIMM & AARON, PC has been dedicated to providing excellent legal representation. In providing zealous advocacy and skilled legal advice to our diverse clientele, our attorneys all practice with a common philosophy… commitment to excellence and commitment to people. For more information, visit us at 62q.f7d.myftpupload.com.

Bauchner and D’Artglio review the state of NJ Cannabis Industry

Ansell Grimm February 16, 2017

ANSELL GRIMM & AARON, PC attorneys Joshua S. Bauchner and Anthony J. D’Artiglio recently published an article with High Times Magazine on the emerging cannabis industry in New Jersey. The article, entitled “New Jersey’s Cannabis Industry Is Growing: Where Does It Grow from Here?” is available here.

ANSELL GRIMM & AARON, PC’s dedicated Cannabis Law Group has an in-depth understanding of the laws both specifically and generally related to cannabis production, sale, use, regulation and legalization and our attorneys are here to help individuals and businesses of all sizes and at any stage of development plan for a successful future. Please contact Josh (jb@62q.f7d.myftpupload.com) or Anthony (ajd@62q.f7d.myftpupload.com) by email or at (973) 247-9000.

Zoning Dispute To Continue in State Court

Ansell Grimm February 2, 2017

Ansell Grimm & Aaron recently secured a victory for its client, Old Bridge Township Raceway Park, permitting it to continue its fight in state court. For the past decade, Raceway Park has been involved in a zoning dispute with a neighboring property owner, Dayalbagh Radhasoami Satsang Association of North America (DRSANA), over its plans to build a house of worship and accompanying residential facilities near the famed drag strip.

The matter was before the Old Bridge Township Zoning Board of Adjustment for more than five years and has been the subject of battles in both state and federal courts.

For its part, DRSANA sought to limit all wrangling over its plans and the Zoning Board’s decision to federal court by entering into a consent decree seeking to resolve all issues; including Municipal Land Use Law challenges typically subject to state court review. Raceway Park’s attorneys filed objections to the approval in state court which DRSANA argued were precluded by the federal consent decree. In March of 2015, a judge of the Middlesex County Superior Court dismissed Raceway Park’s suit with prejudice finding the consent decree foreclosed the action.

Raceway Park appealed and on January 6, 2017, a three judge panel of the Appellate Division reversed the dismissal permitting the action to proceed in state court. Among other things, the Appellate Division considered whether the federal court consent decree served as an “end run” around the state court prerogative writ process for challenging zoning decisions; as Raceway Park was not a party to the federal case or the decree. The Appellate Division also concluded that the trial judge abused his discretion in dismissing the action with prejudice.

Raceway Park is represented by Ansell Grimm & Aaron partner, Joshua S. Bauchner, and by Michael R. Leckstein and Marc A. Leckstein of Leckstein & Leckstein LLC.

Ansell Grimm & Aaron attorneys regularly represent clients in pursuing their property rights against public and private incursion. For additional information, please contact Joshua S. Bauchner, Esq . (jb@62q.f7d.myftpupload.com) at (973) 247-9000.

Class Action suit filed against FieldTurf USA

Ansell Grimm January 17, 2017

Ansell Grimm & Aaron recently commenced a federal class action litigation against FieldTurf USA and its affiliates in the wake of revelations that the company made false claims about the durability of its artificial turf field systems for years despite knowledge of the product’s defects.

The lead plaintiff in the case is New Jersey Stallions Soccer Academy which installed a FieldTurf USA field in 2010 based on the deceptive information provided by the company.

According to an investigative report by NJ Advance Media, about a year after first beginning installation of the fields, internal communications of FieldTurf USA indicate that executives were concerned that the claims the company was making regarding the durability of the product were not accurate.

Despite being aware of the problems, and mounting evidence that the fields did not perform as claimed, the company continued to market the product with particular emphasis given to its purported durability.

In their advertising, the company claimed, “Making the wrong turf decision can cost you a million dollars”, their customers, such as the Stallions, may end up paying more to repair and replace the field than expected.

In a November 2007 email, a FieldTurf employee wrote that the company’s “claims made regarding the Duraspine… are ridiculous. Every day we are putting stuff out there that can’t and won’t live up to the marketing spin.”

Despite having such information in hand, “FieldTurf engaged in a systematic class-wide campaign to conceal Duraspine Turf’s numerous defects, of which FieldTurf had knowledge,” according to the complaint.

The complaint also noted, “As part of its investigation, NJ Advance Media commissioned the University of Michigan’s Breaker Space Lab to test turf fibers from three Duraspine fields in New Jersey. The tests confirmed the strength of the turf to be well below industry standards, and FieldTurf’s own standards.”

Because FieldTurf installed nearly 1,500 fields (164 in New Jersey) using the system between 2005 and 2012, and at no point during that time did they mention to potential customers the well-known issues with the product’s durability, the Class Action Complaint alleges, among other things, violations of the New Jersey Consumer Fraud Act (N.J. Rev. Stat. § 56:8-1 et seq.) and Breach Of Express Warranty Under New Jersey Law (N.J. Rev. Stat. § 12A:2-313).

Ansell Grimm & Aaron is joined by co-counsel Hagens Berman Sobol Shapiro LLP; Critchley, Kinum & Denoia, LLC and McManimon, Scotland & Baumann, LLC.

Any organization similarly victimized by FieldTurf’s deceptive marketing is eligible to join the suit. Please contact Joshua S. Bauchner, Esq, by email at jb@62q.f7d.myftpupload.com or by telephone at (973) 247-9000 for more information.

Bauchner representing Morristown businessman in effort to enforce easement

Ansell Grimm January 9, 2017

Ansell Grimm & Aaron partner Joshua S. Bauchner is representing Morristown business owner James Cavanaugh in his dispute with the town’s Parking Authority over the use of an easement behind his South Street buildings.

Cavanaugh is asserting the historic right to continued and appropriate use of the right of way as the means of loading and unloading for businesses on South Street. Thus far, attempts to have the Parking Authority institute proper controls on the use of the right of way by the neighboring residential building have been unsuccessful.

Problems arose when the Parking Authority granted easement rights to new residential and commercial establishments resulting in overburdening which effectively precluded Cavanaugh’s use. In the face of indifference on the part of the Parking Authority, the entity tasked with ensuring fair and equitable use of the easement, Cavanaugh was left with no choice but to litigate.

The dispute recently was featured in the Morristown Daily Record, available here:

http://www.dailyrecord.com/story/news/local/morris-county/2017/01/06/iron-bar-owner-morristown-parking-clash-over-back-alley-use/96241970/

Ansell Grimm & Aaron attorneys regularly represent clients in enforcing their property rights against public and private incursion. For additional information, please contact Joshua S. Bauchner, Esq . (jb@62q.f7d.myftpupload.com) or Anthony D’Artiglio, Esq. (ajd@62q.f7d.myftpupload.com) at (973) 247-9000.

Inside Edition picks up story on Pacelli’s suit against divorce attorney

Ansell Grimm December 5, 2016

Ansell Grimm & Aaron P.C. partner Josh Bauchner’s clients Atesa and Anthony Pacelli are back in the news, as the story of their lawsuit against Manhattan divorce lawyer Peter Cedeno was recently featured on Inside Edition. The Pacelli’s have filed suit against Cedeno, alleging malpractice and sexual assault because of his conduct when Atesa Pacelli had retained him to represent her when the couple was considering separating.

AGA Secures Pre-Discovery Summary Dismissal of Consumer Class Action Litigation

Ansell Grimm November 7, 2016

ANSELL, GRIMM & AARON attorney Anthony J. D’Artiglio, Esq. obtained dismissal of a putative class action upon the Middlesex County Court’s granting of a pre-discovery motion for summary judgment. The case, Walker v. DeFalco Heavy Duty Towing and Recovery, LLC, Docket MID-L-2145-16, concerned claims under the New Jersey Consumer Fraud Act that our client, DeFalco, charged towing rates higher than permitted by municipal ordinance.

The Court resoundingly rejected plaintiff’s dream of a monetary windfall predicated on significant statutory damages finding that he had no standing to sue in the first instance. Specifically, the Court held that because plaintiff’s insurance company – and not plaintiff – paid the towing charges and received the refund for overpayment plaintiff did not suffer an ascertainable loss which would give him standing to sue under the Consumer Fraud Act, the Predatory Towing Prevention Act incorporated therein, or the Truth in Consumer Contract, Warranty, and Notice Act. By obtaining a pre-discovery dismissal, ANSELL, GRIMM & AARON saved DeFalco’s significant time and expense defending plaintiff’s challenge to his own insurance company’s reasonable and expedient resolution of the matter.

ANSELL, GRIMM & AARON attorneys regularly engage in class action defense arising from frivolous claims and seek to obtain a similarly quick and cost-effective result for our clients. Of course, some matters do have merit, in which case our attorneys work to narrow the claims toward minimizing damages and obtaining a favorable settlement.

For additional information on ANSELL, GRIMM & AARON’s class action defense practice, please contact Joshua S. Bauchner, Esq . (jb@62q.f7d.myftpupload.com) or Anthony D’Artiglio, Esq. (ajd@62q.f7d.myftpupload.com) at (973) 247-9000.

AGA representing Reality Star in Defamation Suit

Ansell Grimm October 26, 2016

AGA attorney Joshua S. Bauchner is representing “Real Housewives of New Jersey” stars Jim and Amber Marchese, in a defamation lawsuit against Virgin America Inc. The federal complaint alleges that an airline employee falsely reported to police that Jim Marchese choked and threatened his wife after boarding a flight from Los Angeles to Newark this past spring, according to a story published by Reuters.

Mr. Bauchner told Reuters, “They hope to vindicate their age-old right to be left alone. When a married couple is on a plane returning to see their children, false accusations shouldn’t be levied against them by a flight attendant seeking her 15 minutes of fame.”

Mr. Bauchner is co-chair of the firm’s Litigation Department. He works in the Woodland Park office and may be reached at (973) 247-9000.

Bauchner explains power and fairness of Construction Lien Law in NJLJ

Ansell Grimm October 21, 2016

Ansell Grimm & Aaron, P.C., partner Joshua S. Bauchner, Esq. recently published an article in the New Jersey Law Journal on the application and enforcement of New Jersey’s Construction Lien Law. For the full article, click here.

AGA Represents Client Taken Advantage of by Her Divorce Attorney

Ansell Grimm October 5, 2016

AGA attorney Joshua S. Bauchner is representing Plaintiffs Atesa and Anthony Pacelli in a lawsuit accusing Ms. Pacelli’s divorce attorney of malpractice, negligence, and sexual assault arising from his engaging in sexual relations with her during the representation in breach of his ethical and fiduciary obligations. The action has garnered much attention in the media as a result of the divorce attorney’s scandalous misconduct as alleged in a Complaint filed in Manhattan Supreme Court.

Mr. Bauchner was quoted by the New York Daily News stating that the divorce attorney’s “conduct was despicable, unprofessional, and unethical, and [we] are intent on pursuing all available remedies against him.”

For the full story visit the New York Daily News or New York Post. Mr. Bauchner is co-chair of the firm’s Litigation Department residing in the Woodland Park office and may be reached at (973) 247-9000.

Joshua S. Bauchner

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