Jonathan Stempel

NEW YORK, (Reuters) – 7-Eleven is being sued by a U.S. customer who claimed that its Wasabi Delight Flavored Snack Mix, a private label, contains no Wasabi.

Oscar Ithier of Manhattan filed this lawsuit on Sunday night. The suit joins hundreds more proposed class actions of $5 million or greater accusing food corporations of misleading consumers and overcharging them.

Ithier claimed that the 7-Eleven snack mix label is misleading because it does not contain wasabi in its “crunchy wereabi peanuts”, nor in the artificial wasabi flavor of the “wasabi peas”.

A West Harrison, New York resident said that real wasabi, which is a Japanese greenish condiment with antioxidant properties, tasted “bright, pungent”, and had a rapid-fading heat. “Fake wasabi” burns hotter, and lasts for longer.

According to the complaint, “Defendant obtained an advantage over other businesses and consumers who wanted to purchase products that contained some wasabi,”

7-Eleven didn’t respond to Monday’s requests for comment. More than 77,000 outlets are located worldwide by the company, and nearly 16,000 of them in North America. Its parent is Seven & I Holdings Co.

This lawsuit is filed to seek damages on behalf of snack mix buyers in New York City and eight other states. These purchasers typically paid $2.59 more or more for a bag weighing 4.5 ounces (128 gram). The package also includes chopsticks holding a wereabi pea.

Spencer Sheehan represents Ithier. He is a Great Neck, New York lawyer who has filed dozens of suits claiming “vanilla products” contain very little to no vanilla bean.

He has also filed suit against Kellogg (NYSE.) Co. for allegedly containing too many strawberries in his Strawberry Pop-Tarts.