Food & Beverage Litigation & Regulatory Update

Tag: trans fat

  • Campbell’s “Healthy” Gumbo Contains Trans Fat, Lawsuit Alleges

    A consumer has filed a putative class action against Campbell Soup Co. alleging the company misrepresents its Healthy Request gumbo soup as “healthy” despite containing trans fat. Brower v. Campbell Soup Co., No. 16-1005 (S.D. Cal., filed April 25, 2016). Campbell has branded itself as “one of the world’s leading providers of healthy and nutritious foods,”…

  • Bread Crumbs Suit Against Kroger Dismissed

    A California federal court has granted The Kroger Co.’s motion to dismiss a lawsuit alleging the company’s breadcrumbs product includes partially hydrogenated oil, which contains trans fat, despite labeling the product as “0g Trans Fat.” Hawkins v. Kroger Co., No. 15-2320 (S.D. Cal., order entered March 17, 2016). The court found that the mislabeling claims…

  • Court Dismisses Nestlé Creamer Putative Class Action

    A California federal court has dismissed a proposed class action against Nestlé USA, Inc. alleging that its Coffee-Mate creamer products are mislabeled because they include partially hydrogenated oil (PHO), which contains trans fat, despite listing “0g Trans Fat” on its labels. Backus v. Nestlé USA, Inc., No. 15-1963 (N.D. Cal., order entered March 8, 2016).…

  • Labeling Claims Dismissed in Taco Shell Trans Fat Suit

    A California federal court has dismissed portions of a lawsuit alleging that B&G Foods mislabeled its taco shells as containing “0g Trans Fat” despite the product’s use of partially hydrogenated oil as an ingredient. Walker v. B&G Foods, No. 15-3772 (N.D. Cal., order entered February 8, 2016). Five of the plaintiff’s seven claims involved alleged…

  • Lawsuit Challenges Use of Trans Fat in Kellogg’s Mother’s Cookies®

    A consumer has filed a putative class action against Kellogg Co. alleging the company produces Mother’s Cookies® with partially hydrogenated oil (PHO), which contains trans fat, in violation of the U.S. Food and Drug Administration’s (FDA’s) ban on the ingredient. Hawkins v. Kellogg Co., No. 16-0147 (S.D. Cal., filed January 21, 2016). The plaintiff asserts…

  • California Lawsuit Challenges Use of Trans Fat in Kellogg’s Mother’s Cookies®

    A consumer has filed a putative class action against Kellogg Co. alleging the company produces Mother’s Cookies® with partially hydrogenated oil (PHO), which contains trans fat, in violation of the U.S. Food and Drug Administration’s (FDA’s) ban on the ingredient. Hawkins v. Kellogg Co., No. 16-0147 (S.D. Cal., filed January 21, 2016). The plaintiff asserts…

  • EU Report Urges Action on Trans Fat Limits

    A new report issued by the European Commission advocates that the European Parliament take action on trans fat levels in foods by introducing (i) a mandatory label for foods with trans fat, (ii) legislation setting a limit on allowable trans fat content, (iii) voluntary agreements to reduce trans fat content, or (iv) guidance for national…

  • Plaintiff in Multiple Trans Fat Lawsuits Cannot Claim Lack of Subject Knowledge, Court Finds

    A California federal court has granted a motion to dismiss claims that La Tapatia Tortilleria mislabels its food as containing no trans fats despite containing partially hydrogenated oil (PHO) based on the finding that the plaintiff cannot claim he relied on the product packaging because he is the plaintiff in several similar lawsuits, showing he…