Case Information

• Case Name: Andrew Villaruel v. Red’s All Natural, LLC
• Case No.: 26-cv-04663
• Jurisdiction: United States District Court for the Eastern District of New York
• Filed On: July 31, 2026

Class Definition

The lawsuit seeks to represent a nationwide class of all U.S. consumers, including a New York subclass, who purchased Red’s Steak, Cilantro, Lime Burrito products during the class period.

Summary

This is a proposed class action against Red’s All Natural, LLC, alleging that the company failed to disclose the presence of egg, a major food allergen, in its Steak, Cilantro, Lime Burrito products. The lawsuit claims that the product labels omitted egg from the ingredient list, despite egg allegedly being present in certain production lots, and that this omission misled consumers and violated federal and New York state laws.

The complaint references a July 29, 2026 public health alert issued by the U.S. Department of Agriculture’s Food Safety and Inspection Service concerning the undeclared egg. Plaintiff Villaruel asserts that purchasers, including families with egg-allergic members, relied on the labeling and suffered economic injury because they would not have bought the product, or would have paid less for it, had they known the truth.

The action seeks damages and other relief for a nationwide class and a New York subclass based on alleged misbranding, deceptive practices, and breach of implied warranty.

Allegations

According to the complaint, Red’s All Natural, LLC manufactures and sells frozen burrito products, including the Steak, Cilantro, Lime Burrito. The lawsuit alleges that specific production lots of this product contained egg, but the ingredient labels did not disclose egg as an ingredient or allergen. Egg is identified as a major food allergen under federal law, and the complaint contends that its presence in a food product must be clearly and accurately disclosed on the label so consumers can make informed purchasing decisions and avoid serious health risks.

The complaint states that on July 29, 2026, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) issued a public health alert for certain lots of the Steak, Cilantro, Lime Burrito because egg was present but not declared on the product label. According to the lawsuit, this public health alert confirms that the product was misbranded and failed to comply with applicable food labeling requirements. The filing alleges that Red’s, as a national food manufacturer, knew or should have known the true ingredients and had a duty to ensure that all allergens, including egg, were properly listed.

Plaintiff Villaruel claims that he purchased the Steak, Cilantro, Lime Burritos for himself and his family, including a young niece with an egg allergy. The lawsuit asserts that he relied on the absence of egg in the ingredient list and the overall representation of the product’s labeling when he decided to buy the burritos. According to the complaint, reasonable consumers understand that if a major allergen like egg is not disclosed on the label, the product does not contain that allergen. The omission of egg from the label is alleged to be deceptive and misleading because it creates a false impression of the product’s safety for individuals with egg allergies.

The complaint further alleges that Red’s possessed superior knowledge regarding its recipes, supply chain, and manufacturing processes compared to ordinary consumers. As a result, the company allegedly had a heightened responsibility to disclose accurately all ingredients and allergens. By failing to list egg on the label, the lawsuit contends that Red’s misbranded the product and violated food labeling laws and consumer protection statutes. The complaint does not focus on physical injury claims but emphasizes the economic harm allegedly suffered by consumers who, had they known the truth about the presence of egg, would not have purchased the product at all or would have paid less for it.

On behalf of a proposed nationwide class of all U.S. consumers who purchased the Steak, Cilantro, Lime Burrito products during the class period, as well as a New York subclass, the complaint outlines common questions of law and fact. These include whether the labeling was misleading, whether Red’s failed to disclose egg, whether consumers were deceived, and whether Red’s conduct violated state consumer protection and misbranding laws. The lawsuit alleges that a class action is the most efficient and fair way to resolve these issues because the claims of individual consumers are similar and arise from the same alleged course of conduct.

Causes of Action

The causes of action asserted in the complaint include:

• Violations of New York General Business Law sections 349 and 350 (deceptive and misleading acts; false advertising)
• Violations of New York Agriculture and Markets Law section 201 for misbranding (alleged omission of egg disclosure)
• Breach of the implied warranty of merchantability (products not fit for ordinary purposes due to inadequate labeling)

Relief Sought

The plaintiff and proposed class seek various forms of relief, including monetary, statutory, compensatory, treble, and punitive damages, as well as attorneys’ fees, costs, and any other relief the court deems appropriate. According to the complaint, this relief is necessary to redress the alleged economic injuries and to hold Red’s accountable for the claimed mislabeling and deceptive practices regarding the presence of egg in its Steak, Cilantro, Lime Burrito products.