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1 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY SOUTHEAST CONSUMER ALLIANCE, INC. a Florida, nonprofit corporation, CA 0 6 individually and on behalf of all individuals and entities similarly situated, v. Plaintiff, PUBLIX SUPER MARKETS, INC. a Florida corporation, Defendant _---:/ COMPLAINT CLASS REPRESENTATION JURy DEMAND Plaintiff, Southeast Conswner Alliance, Inc. (SECA), on its own behalf and on behalf of all individuals and entities similarly situated, sues Defendant, Publix Super Markets, Inc. (Publix) for damages and injunctive relief and states the following: 1. SECA brings this claim on its own behalf and on behalf of all others similarly situated seeking damages and injunctive relief based on Publix's violations of Florida's Deceptive and Unfair Trade Practice's Act (FDUTPA), codified at Fla. Stat , et seq. based upon violations of 9 CFR (adopted into the "Florida Food Act," Ch. 500, Fla. Stat. Courthouse News Service by Fla. Admin. Code 5K-4.002(1)(b», and Miami-Dade Code of Ordinances Sections 8A 256, 8A -108(b), and 8A PARTIES JURISDICTION AND VENUE 2. The aggregate claims exceed $15,000, exclusive of interest, costs, and attorney's fees. No individual claim exceeds $75,000.

2 Page 20ftO 3. SECA is a Florida nonprofit corporation with its principal place of business located at Meridiana Drive, Boca Raton, FL SECA's standing to bring this action and to serve as class representative is based on the assignment of (identical) consumers' claims to it. The assignments pennit SECA to prosecute the claims in its own name. Therefore, the allegations offact herein are framed as though SECA had been the real party in interest ab initio. 4. Publix is a Florida corporation with its principal place of business located at 3300 Publix Corporate Parkway, Lakeland, FL All facts giving rise to this action occurred in Miami-Dade County and all conditions precedent have been perfonned, have occurred, or have been waived. CLASS REPRESENTATION ALLEGATIONS 6. SECA brings this action pursuant to Rule 1.220(a) and Rule 1.220(bX3) of the Florida Rules. of Civil Procedure, and Fla. Stat et seq. sometimes referred to herein as Florida's Deceptive and Unfair Trade Practices Act or FDUTPA. 7. The Classes are defined as follows: Class One: All individuals and entities that purchased beef steaks marked "New York Strip Steak Boneless," without any indication of the species or primal cut, from a Publix store in Miami-Dade County. Class Two: All individuals and entities that purchased a beef product bearing a sticker prominently featuring the word "Premiwn" from any Publix store in Florida in instances where the subject beef product did not exceed the United States Department ofagriculture's. "Choice" grade. 8. Excluded from the class are all judges who have presided over this case, their spouses, and anyone within three degrees on consanguinity from such judge and/or his or his spouse.

3 Page 3 of 10 NUMEROSITY 9. The class members. are so numerous that joinder of all members is impracticable. While the exact number of class members can be determined only by appropriate discovery, SECA believes that the members of the classes number several thousand since Publix maintains over 720 stores in Florida. COMMONALITY 10. SECA's claim raises a question of law and fact common to all members of the class within the meaning of Rule 1.220(a)(2). The common legal issue is whether Publix violated FDUTPA by using fanciful names and deceptive and misleading representations in selling beefproducts at unwarranted high prices. TYPICALITY 11. SECA's claim is typical of the claims of the class. members within the meaning of Rule I.220(a)(3) because all claims arise from a series of identical acts by Publix as set forth by the allegations offact herein. ADEQUACY 12. SECA and its counsel satisfy the adequacy required by Rule 1.220(a)(4) because SECA is committed to the vigorous prosecution of this claim and its counsel is competent and experienced in such litigation. PREDOMINANCE 13. Common questions oflaw and fact predominate SECA's claim and the claims of the class members as required by Rule 1.220(b)(3) and thus a class action is a superior method of adjudication of such claims, especially in light of the small amount of damages relating to each class member who would otherwise have little to no incentive to seek redress.

4 Complaint and Demand/or Jury Trial Page 4 of 10 ALLEGATIONS OF FACT 14. SECA purchased prepackaged steaks from "Publix in Miami-Dade County marked only as "New York Strip Steak Boneless" (and a Spanish translation of same). See Exhibit A. 15. A sticker affixed to the packages of beef identified the beef as "Premium/' using very large, fancy letters, and "USDA Choice," using very small, plain letters. 16. The grades of beef set forth by the United States Department of Agriculture (UDA) are, in descending order from best to worst, "prime," "choice," "select," "standard," "utility," and "canner.") In other words, "choice" is the USDA's second highest grade for beef. 17. Since "premium" is not a USDA grade, the Court should look to dictionary definitions of it in order to apprize itself of the nature of the claims herein. Webster's (Unabridged) Third New International Diction~ defines "Premium," as an adjective, as "1: of exceptional quality or ability" and "2: commanding a higher than usual price esp. because of superior quality." (Emphasis added). The Oxford Dictionary and Thesaurus, American Edition 3 defines "premium" as "(of a commodity) of best quality and therefore more expensive." (Emphasis added). 18. Publix was aware that its use of the word "premium" in marketing USDA "choice" beef had the potential to cause some consumers to believe that they were paying for the highest grade beef when, in reality, they were buying the second highest grade beef. 19. The words "Certified Beef' and "Publix Inspected" are also on the subject sticker. I CFR 54 et seq. Merriam-Webster, Inc. Springfield, MA Oxford University Press, Inc., New York 1996.

5 Page 5 of Upon infonnation and belief, all Publix locations in Florida identify the subject steaks in an identical manner and the subject sticker is applied to many different cuts of Publix beef graded "choice'" by the USDA. 21. Upon infonnation and belief, Publix uses fanciful names for its meat products such as "New York Strip Steak" and uses the word "premium" to deceive consumers such as SECA that it is paying for the highest grade beef when, in reality, the beef is of a lesser grade and should cost less than the marked price. 22. SECA is seeking and is entitled to an award ofcosts and attorney's fees pursuant to Fla. Stat GOVERNING LAW 23. Under FDUTPA, individual remedies for damages and injwictive relief pursuant to Fla. Stat may be based on, inter alia, violations of consumer-protection-oriented state law, federal regulations, and local ordinances. as set forth by (3)(c) which, in pertinent part, provides: (3) "Violation of this part" means any violation of this act or the rules adopted WIder this act and may be based upon any of the following as of July 1, 2006: [...] (c) Any law, statute, rule, regulation, or ordinance which proscribes. unfair methods of competition, or unfair, deceptive, or WIconscionable acts or practices CFR 317.8(a) (adopted into the "Florida Food Act," Ch. 500, Fla. Stat. by Fla. mn. Code 5K-4.002(l)(b)), governing, inter alia, the labeling of animal products, provides:

6 Page 60flO False or misleading labeling or practices generally; specific prohibitions and requirements for labels and containers. (a) No product or any of its wrappers~ packaging, or other containers shall bear any false or misleading marking, label, or other labeling and no statement~ word, picture, design, or device which conveys any false impression or gives any false indication of origin or quality or is otherwise false or misleading shall appear in any marking or other labeling. No product shall be wholly or partly enclosed in any wrapper, packaging, or other container that is so made~ formed, or filled as to be misleading. (Emphasis added). 25. Section 8A-108(b) of the Miami-Dade Code of Ordinances provides: It shall be unlawful by means of exaggerated variations in the comparative size, location or position of letters, figures or other markings or characters on any price tag, sign, posters, notice~ display or advertisement or other public representation of any nature whatsoever, to mislead or deceive, or to attempt to mislead or deceive the public, as to the true nature, price, quantity, quality, brand, or character of any goods, wares~ merchandise, services, facilities, or accommodations, or as to the nature of, or the reason, if any is offered, for the sale or offering for sale, so being made to the public. 26. Section 8A-113 ofthe Miami-Dade Code ofordinances provides: Deceptive trade practices. A person engages in a deceptive trade practice when, in the course of his business, vocation, or occupation, he: [..] (b) Causes likelihood of confusion or of misunderstanding as to the source, sponsorship, approval, or certification of goods or services; [... ] (g) Represents that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;

7 Page 7 oflo (Emphasis added). 27. Section 8A-256 ofthe Miami-Dade Code of Ordinances provides: Name in addition to the species and primal cut A name in addition to the species and primal cut of a meat as set forth in Section 8A-252(S) of this article, for example, pot roast, oven roast or steak for swissing, may be used in labeling or advertising such meat provided the requirements of this article are complied with and provided such name appropriately describes the cut of meat to which it refers or the use to which such cut is put or its method ofcooking preparation. It shall be unlawful for any person to sell or offer to expose for sale meat identified by a name that is false, misleading, deceptive or confusing in any way. Fanciful names, such as "His and Her Steak," "Boston Style Chuck Roast," "Delmonico Steak," "For London Broil," "London Broil," "New York Strip Steak," "N. J: Strip Steak" and similar terms are false. misleading. deceptive or confusing and shall not be used. (Emphasis added). COUNT I CLAIM FOR DAMAGES PURSUANT TO FLA. STAT (2) 28. SECA re-alleges and incorporates by reference paragraphs 1-27 as though set forth fully herein. 29. SECA is a "consumer" as defined by Fla. Stat (7). 30. The transaction between SECA and Publix constitutes ''trade or commerce" as defined by Fla. Stat (8). 31. Publix violated 9 CFR 317.8(a) by advertising and selling beef products marked as "Premium," when no such USDA grade exists, and because the arrangement of the words on the subject sticker is designed to emphasize "premium," and deemphasize "choice,"

8 Page 8 ofl0 thus misleading consumers into believing that the subject beef is of the highest grade (commanding a high price) when, in reality, it is ofa lesser grade. 32. Publix violated Section 8A - 108(b) of the Miami-Dade Code of Ordinances by exaggerated the word "premium" through the use of fancy, large lettering while deemphasizing the word "choice" through the use of small, plain lettering, giving the impression that the subject beef is of the highest quality (commanding a high price) when, in reality, it ofa lesser quality. 33. Publix violated Section 8A - 113(b) of the Miami-Dade Code of Ordinances since it is unclear from the sticker whether the beef has been certified "premium," or "choice" and whether Publix, the USDA, or some other party, is the source ofthe "certification." 34. Publix violated Section 8A - 113(g) of the Miami-Dade Code of Ordinances by placing primary emphasis on the word "premium," rather than the word "choice," in a manner that creates the impression that the meat is of"premium" grade, rather than "choice" grade. 35. Publix violated Section 8A of the Miami-Dade Code of Ordinances by labeling the s.ubject steaks. as "New York Strip Steaks Boneless," without identifying the species or primal cut (3)(c). 36. The foregoing violations are actionable under FDUTPA pursuant to Fla. Stat. 31. SECA has sustained actual damages as a result ofpublix's violations oflaw in an amount equal to the difference between the fair market price for the meat products at issue and the higher price Publix was able to charge and collect by its use of deceptive and misleading labeling. COUNT II CLAIM FOR DECLARATORY AND INJUNCTIVE RELIEF PURSIANT TO FLA. STAT (1)

9 Page 9 of SECA re-alleges and incorporates by reference paragraphs 1-37 as though set forth fully herein. 39. Since SECA purchased beef from Publix marked in violation 9 CFR (adopted into the "Florida Food Act," Ch. 500, Fla. Stat. by Fla. Admin. Code 5K-4.002(1)(b», and Miami-Dade Code of Ordinances Sections 8A - 256, 8A - 108(b), and 8A - 113(b) and (g), it is "aggrieved." 40. Pursuant to Fla. Stat (1), SECA is thus entitled to seek declaratory judgment that Publix's acts alleged herein violate FDUTPA and to enjoin Publix from further such violations. 41. SECA has no adequate remedy at law regarding the injunctive reliefsought which is. intended to benefit the public at large. WHEREFORE, Plaintiff, Southeast Consumer Alliance, Inc. on its own behalf and on behalfofall others similarly situated, requests (1) that the Classes be certified, (2) that judgment be entered against Defendant, Publix Super Markets, Inc. for damages, (3) that the Court declare Defendant, Publix Super Markets, Inco's acts alleged herein violative of FDUTPA and grant injunctive relief prohibiting such acts in the future, (4) that the Court grant an award ofcosts and attorney's fees to the Plaintiff, and (5) any such further reliefthe Court deems just. Plaintiff demands trial by jury on all issues so triable. Dated this t,,,day of December [Signatures on next pagej

10 , Complaint and Demand/or Jury Trial Page 10 oflo BRUCE BALDWIN, PA Plaintiff's Counsel 4300 Biscayne Blvd., Suite 305 Miami, FL Telephone: Facsimile: BY:~/ BRUCE B. BALDWIN Fla. Bar No.: AND LAW OFFICES OF ROLAND GOMEZ Plaintiff's Counsel 4300 Biscayne Boulevard Suite 305 Miami, FL (Tel.) (Fax) ~Ob'~~ CHARD~O~ Fla. BarNo.: