Tag: butter
-
Suit Challenging Smart Balance® Cholesterol-Blocking Claims to Continue
A California federal court has denied Boulder Brands, Inc.’s motion to dismiss a lawsuit alleging that the company misrepresents the cholesterol-blocking effect of the plant sterols in its Smart Balance® butter products because the amount of plant sterols is “not enough to generate a ‘clinically meaningful cholesterol blocking effect.’” Mitchell v. Boulder Brands, Inc., No. 12-1862…
-
No Reasonable Consumer Would Be Fooled by Butter Spread Labels, Court Rules
A California appeals court has affirmed the dismissal with prejudice of a putative class action alleging that Kroger Corp. misled consumers by failing to comply with federal and state law requirements for labeling its Challenge® spreadable butter products. Simpson v. The Kroger Corp., No. B242405 (Cal. App. Ct., decided September 25, 2013). The court found…
-
Court Dismisses Deceptive Marketing Claims Against Margarine Maker
A federal court in California has dismissed as preempted certain claims filed by a putative class alleging that Unilever deceptively markets “I Can’t Believe It’s Not Butter! Spray.” Pardini v. Unilever U.S., Inc., No. 13-1675 (N.D. Cal., order entered July 9, 2013). The dismissal was without prejudice, and the plaintiff has 30 days to amend…
-
Court Refuses to Dismiss Consumer Fraud Claims Against Smart Balance® Butter Maker
A federal court in California has denied the defendant’s motion to dismiss a putative class action alleging that the company misleads consumers by claiming that its Smart Balance® butter products contain plant sterols that can block the absorption of cholesterol; according to the plaintiff, a single serving of the product contains insufficient sterols to achieve…
-
Second Butter Flavoring Implicated in Bronchiolitis Obliterans
A recent study has allegedly linked a second artificial butter flavoring— 2,3-pentanedione (PD)—to respiratory toxicity in animals, raising concerns about the diacetyl replacement’s potential effects on factory workers. Ann Hubbs, et al., “Respiratory and Olfactory Cytotoxicity of Inhaled 2,3-Pentanedione in Sprague-Dawley Rats,” The American Journal of Pathology, September 2012. After exposing rats to either PD,…
-
Putative Class Alleges Plant Sterols in Butter Product Fail to Block Dietary Cholesterol
A California resident has filed a putative class action against Smart Balance, Inc., alleging that the 100 mg of plant sterols in a single serving of the company’s spreadable butter products do not, as advertised, block the absorption of dietary cholesterol. Aguilar v. Smart Balance, Inc., No. 12-1862 (S.D. Cal., filed July 27, 2012). The…
-
New Lawsuits Filed: “Natural” Orange Juice, Mislabeled Butter, City vs. State in Trans Fat Dispute, Lack of FDA Action on Nanotechnology Petition
Putative class actions have been filed in New Jersey and California federal courts against Tropicana Products, Inc., alleging that the company misleads consumers by labeling and marketing its orange juice as “100% pure and natural,” when it actually “undergoes extensive processing which includes the addition of aromas and flavors.” Lynch v. Tropicana Prods., Inc., No.…
-
Research Points to Contaminated Wrapper as Source of PBDEs in Butter
Based on a small sample of butter purchased in Texas grocery stores, researchers have concluded that high levels of polybrominated diphenyl ethers (PBDEs) found in one sample “were likely transferred from contaminated wrapping paper to butter.” Arnold Schecter, et al., “Contamination of U.S. Butter with Polybrominated Diphenyl Ethers from Wrapping Paper,” Environmental Health Perspectives, 2011.…