This class action concerns butter-like “spreads,” specifically Earth Balance brand vegetable oil spread, from Pinnacle Foods, Inc., which is advertised as being “Made with Olive Oil.” The complaint alleges that the representation “Made with Olive Oil” is misleading because the product does not contain the amount of olive oil that it leads consumers to expect.
Two classes have been proposed for this action:
- The Illinois Class is all persons in Illinois who bought the product during the applicable statutes of limitations.
- The Consumer Fraud Multi-State Class is all persons in Arkansas, Iowa, Utah, West Virginia, Idaho, Alaska, and Montana who bought the product during the applicable statutes of limitations.
Margarine, a cheaper substitute for butter, is required to have 80% or more fat. Non-dairy blends that contain less than that amount of fat are known as spreads. However, in recent years, consumers have eaten less in the way of margarine and spreads and more butter.
The complaint claims there are a number of reasons for this:
- Butter is seen as more natural.
- Consumers prefer less-processed foods, while spreads are seen as ultra-processed.
- Butter has no chemicals or additives, while the complaint claims that “vegetable oils are heavily refined in the presence of chemical catalysts such as nickel and cadmium.”
- Butter has healthier fats and contains calcium and vitamins A and D, while the complaint alleges vegetable oils “have no comparable nutritional value as a result of the intense processing needed to render them palatable.”
The complaint alleges that brands like Earth Balance are thus looking for ways to make their spreads more appealing.
One way to do this, the complaint claims, is to associate them with olive oil, which has a good taste and no additives. Olive oils have become so popular, the complaint alleges, that “its sales exceed all other vegetable oils combined.” Consumers also believe it is better for health, the complaint claims.
However, the complaint alleges that the representation that the Earth Balance spread is “Made with Olive Oil” is misleading. Page 4 of the complaint reproduces the ingredient panel. Its first item is “Vegetable Oil Blend,” which is made up of “Palm Fruit, Canola, Safflower, Extra Virgin Olive, and Flax Oils[.]”
The complaint alleges, “That the Product contains a de minimis amount of olive oil is revealed from the ingredient list” where the “amount of olive oil only exceeds the flax oils.” It claims, “The small relative and absolute amount of olive oil is misleading in light of the front label claims the Product is ‘Made with Olive Oil’” and “is insufficient to confer any of the health benefits associated with olive oil or deliver the taste of olive oil.”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Earth Balance Spread “Made with Olive Oil” Claim Complaint
March 22, 2022
This class action concerns butter-like “spreads,” specifically Earth Balance brand vegetable oil spread, from Pinnacle Foods, Inc., which is advertised as being “Made with Olive Oil.” The complaint alleges that the representation “Made with Olive Oil” is misleading because the product does not contain the amount of olive oil that it leads consumers to expect.
Earth Balance Spread “Made with Olive Oil” Claim ComplaintCase Event History
Earth Balance Spread “Made with Olive Oil” Claim Complaint
March 22, 2022
This class action concerns butter-like “spreads,” specifically Earth Balance brand vegetable oil spread, from Pinnacle Foods, Inc., which is advertised as being “Made with Olive Oil.” The complaint alleges that the representation “Made with Olive Oil” is misleading because the product does not contain the amount of olive oil that it leads consumers to expect.
Earth Balance Spread “Made with Olive Oil” Claim Complaint