Continuance sought in slander suit between herbal stores

A joint motion for continuance was recently filed in a slander suit brought by a Nederland organic and herbal store.

Alisha Ortego and Vanlam Nguyen, doing business as Down To Earth, filed a lawsuit Aug. 25 in Jefferson County District Court against Debra Peck and her business, Herbal Insanity.

The case is set for trial in April.

Court records show that on March 6 the parties filed a joint motion for continuance to allow more time for discovery.

As of April 20, no ruling on the motion is on file.

Ortego and Nguyen say they opened an herbal products store, Down to Earth, in Nederland in September 2011. Peck allegedly opened a similar business in July 2013, which she operates under the name Herbal Insanity, according to the complaint.

In June, Ortego and Nguyen say they heard from a concerned customer that Peck allegedly was making slanderous comments about Down to Earth and its owners.

According to the lawsuit, Peck was telling people Ortego and Nguyen “were not qualified to mix herbal teas”, “had stolen every recipe from Peck’s store”, had “robbed Peck’s store,” “stolen her company logo of the herbal witch” and “poisoned some customers by mixing herbs that should never be mixed.”

Ortego and Nguyen contend they have heard from at least four customers about these statements allegedly made publicly by Peck. The business owners “vigorously dispute that they have ever engaged in illegal activity” or that “their products have ever caused bodily harm to a customer” or “that they have used the ‘herbal witch’ logo utilized, but not trademarked” by the defendant. They say they have asked Peck to cease and desist to no avail.

Ortego and Nguyen accuse Peck of slander per se and tortious interference with business relations. They seek more than $200,000 for lost income, mental anguish and damages to reputation and character.

They also request a temporary restraining order and injunction to prevent Peck from “knowingly and intentionally slandering [or libeling]” Ortego, Nguyen or their business.

Attorney E. Hart Green, with Weller, Green, Toups & Terrell in Beaumont, represents the plaintiffs. They request a jury trial.

Jefferson County District Court case number: A196-049