Gornitzky represented Osem Investments Ltd. in a motion to approve a class action filed against it.
Gornitzky represented Osem Investments Ltd. in a motion to approve a class action filed against it (along with Strauss Group), in the amount of NIS 1,020,000,000. In the motion, the plaintiff claimed that Osem had misled consumers to believe that its 'Kosher' chicken seasoning soup and its 'Kosher L'Mehadrin' chicken seasoning soup contained the same nutritional value, while in fact, the 'Kosher L'Mehadrin' seasoning soup was of poorer nutritional value. The plaintiff argued that Osem’s misconduct led, inter alia, to violation of the Israeli Consumer Protection Law 5741-1981.
Osem disputed the claims in the motion, and maintained that its 'Kosher' line of products is separate and distinct from the standard 'Kosher L’Mehadrin' line of seasoning soups, not only due to the level of compliance with Kashrut, but also with regard to the products' ingredients, with the 'Kosher' line of seasoning soups being produced exclusively from natural ingredients. Osem averred that the 'Kosher' and 'Kosher L'Mehadrin' lines of seasoning soups are distinguishable and their products are made from different ingredients, in a manner that would not mislead a reasonable customer.
Following a pre-trial, the plaintiff asked to withdraw his motion and his claim against the two respondents. Osem's demand for court costs was accepted by the court, which stated that the plaintiffs did not have legal claim against Osem and should not have filed the motion to begin with.