Himmel v. Heartland Consumer Products LLC

E.D.N.Y · No. 1:26-cv-05954

No federal docket timeline hydrated for this case yet (state-court settlements have no RECAP docket).

Our records for this case (1)

Matter	Type	Practice area	Court	Date	Value
Heartland Consumer Products LLC source ↗ filed by The Russo Firm · No. 1:26-cv-05954 · 28:1332 Diversity-Fraud · view case timeline → Comparable settlements $200M–$740M ▾ False advertising claims for consumer food products show split outcomes in comparables: Cetorelli affirmed deceptive-practices liability and treble damages, while Guthrie and Donboli affirmed dismissal/judgment for defendants on similar consumer-fraud theories. No comparable involves a mid-size food manufacturer like Heartland, limiting precedential fit. Comparable settlements $200M–$740M median $274.75M · n=10 DiDi Global Inc. $740M · Merck & Co. Inc. a $688M · Toyota Industries $436M Per member (realized): ~$2,500 median · $2,500–$2,500 (n=1) Comparable verdict: Papaya $420M · VPX, Inc. $293M Key precedent: Cetorelli v. Duell Action Builders — affirmed deceptive-practices liability and treble damages, showing consumer-protection claims can survive and yield enhanced damages when misrepresentation is well-pled. Main risk: Dismissal for lack of actionable misrepresentation or reliance, as seen in Guthrie (individualized inquiry defeats class claims) and Donboli (no probable cause for 'Made in USA'-style labeling claims). Rough EV model (wide — class size is the big unknown, not a prediction): $250K–$25M Single realized per-member benchmark ($2,500) is from an unrelated theory (likely biometric/privacy) and doesn't fit small-ticket food purchases; estimates are highly speculative given no defendant-specific case history. · grounded in 10 rulings, 10 settlements, 9 verdicts	Filing	False Advertising	E.D.N.Y	2026-09-25	$200M–$740M comparable settlements