Upfield US, Inc. makes a vegetable oil spread under its Country Crock brand that is labeled as “Plant Butter Made with Olive Oil.” The complaint alleges that the product’s name and marketing is misleading in a number of ways, particularly because it contains more of three other kinds of oils than it does olive oil.
Two classes have been defined for this action:
- The New York Class is all persons in New York who bought the product during the applicable statutes of limitations.
- The Consumer Fraud Multi-State Class is all persons in Michigan, Montana, Rhode Island, Georgia, North Dakota, Virginia, South Dakota, and Oklahoma who bought the product during the applicable statutes of limitations.
Page 1 of the complaint shows a container of the product, with “Country Crock” and “Plant Butter” prominently on the front, and below this the claim, “Made with Olive Oil.” The container is designed with an olive-green color scheme and an image of three olives.
In recent years, the complaint says, the per-person consumption of butter has been rising, while the consumption of margarine has been falling. The complaint alleges, “This change is partly attributable to consumers becoming aware of margarine’s harmful trans fats, made from hydrogenated and interesterified vegetable oils, in the presence of nickel and cadmium.”
An article from the research firm Mintel is cited in the complaint, discussing this switch, and the complaint claims, “how margarine companies can incorporate alternative oils like olive oil to meet consumer demand.”
“Consumers may erroneously expect that ‘plant based’ means the Product contains only natural ingredients when this would be false,” the complaint claims, “because the mix of vegetable oils are subject to chemical reactions in the presence of chemical catalysts.” Americans associate plant-based foods with health benefits, says the complaint, and with less impact on the environment.
The complaint says that Scott Rankin, chair of the food science department at the University of Wisconsin, Madison, claims that “margarine and the Product are indistinguishable, but for the presence of olive oil in the latter, and slight differences in fat and calories. … Professor Rankin stated that the Product is twice as calorie-dense as its less trendy cousin, margarine, due to an increased concentration of saturated fat.”
Page 3 of the complaint reproduces the product’s ingredient panel, which begins, “Blend of Plant-Based Oils (Palm Kernel, Canola, Palm Fruit, and Olive Oil)…
This indicates, the complaint claims, that the product contains more palm kernel oil, canola oil, and palm fruit oil than it does olive oil. The complaint alleges, “That the Product’s ‘blend of plant-based oils’ contains olive oil in the smallest amount misleads consumers, who expect the statement, ‘Made with Olive Oil,’ to mean it contains a relatively significant and/or predominant amount of this valued ingredient.”
According to the complaint, olive oil has nutritional and health benefits, including antioxidants, polyphenols, heart-healthy fats, and anti-inflammatory properties, among other things.
Article Type: LawsuitTopic: News
Most Recent Case Event
Country Crock Misleading “Plant Butter Made with Olive Oil” Complaint
January 14, 2022
Upfield US, Inc. makes a vegetable oil spread under its Country Crock brand that is labeled as “Plant Butter Made with Olive Oil.” The complaint alleges that the product’s name and marketing is misleading in a number of ways, particularly because it contains more of three other kinds of oils than it does olive oil.
Country Crock Misleading “Plant Butter Made with Olive Oil” ComplaintCase Event History
Country Crock Misleading “Plant Butter Made with Olive Oil” Complaint
January 14, 2022
Upfield US, Inc. makes a vegetable oil spread under its Country Crock brand that is labeled as “Plant Butter Made with Olive Oil.” The complaint alleges that the product’s name and marketing is misleading in a number of ways, particularly because it contains more of three other kinds of oils than it does olive oil.
Country Crock Misleading “Plant Butter Made with Olive Oil” Complaint