A New York state woman thought she was buying an apple pie from a grocery store. But instead of apple, she got a cherry pie. Now, the Times Union is reporting that the woman is suing the grocery chain.

But what is her reason?

Albany Woman Sues Grocery 

The Times Union is reporting that the Albany woman is suing ShopRite for $35 thousand dollars because the apple pie she thought she was purchasing was really a cherry pie, that she claims had been mislabeled.

The suit was filed Tuesday in the Albany County Supreme Court, claiming the error occurred on the store's part in April 2023 when she purchased the desert.

Why is this New York State Woman Suing? 

According to the woman's lawyer, the cherry pie she did not know she had bought allegedly made her young daughter ill after she ate it.

Ulf Wittrock
Ulf Wittrock

The Times Union says that the suit claims the woman would never had bought a cherry pie for her kids because "they strongly dislike that flavor and may have allergies or digestive issues with cherries, according to the complaint."

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The suit claims the woman did not realize the pie didn't have an apple filling when she sliced into it, and made her 2-year-old sick. The suit goes on to say that the woman was "guilt-ridden and could not sleep the entire weekend because she fed her family the mislabeled and misbranded pie."

ShopRite did not respond to WNYT's questions over the case as of yet.

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Someone is Suing 'Italy's No. 1 Brand of Pasta' Because It's Made in New York

The world's largest pasta producer is facing a class-action lawsuit, and part of it has to do with its ties to New York state.

Barilla is known as the Italian Food Company since 1877, and is known for their motto, "Italy's No. 1 Brand of Pasta". But things have changed since the Barilla family sold the majority of the interest to an American company in 1971. According to Business Insider, Barilla is now based in Illinois. Barilla's second production plant in the United States opened in Avon, NY, in Livingston County.

Business Insider says that two customers alleged that Barilla pasta's branding used "false, misleading, and deceptive marking practices". The suit says that the company took advantage that the plaintiffs were willing to pay more for products that they thought were really from Italy.

The lawsuit alleges Barilla doesn't even use Italian wheat. Business Insider says that a federal judge has ruled that Barilla must face the suit for "deceptive advertising.

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