St. Clair v. Kroger Co.

ORDER

JAMES G. CARR, Chief Judge.

This is a case arising under the Ohio Consumer Sales Practice Act [CSPA], O.R.C. § 1345, et seq., and the Uniform Commercial Code [UCC], as adopted in Ohio as O.R.C. § 1302, for fraudulent misrepresentation and breach of warranty, respectively. Plaintiff Wendy St. Clair alleges that Kroger Co., a national grocer headquartered in Cincinnati, Ohio, misled consumers by labeling beef products as “aged” when they in fact did not qualify for that designation.

Jurisdiction exists under 28 U.S.C. § 1332(d), as amended by the Class Action Fairness Act [CAFA]. 1 Pending…