If a product is identified as a “coffee creamer” that is “ultra-pasteurized,” will consumers assume it is made from milk products? The complaint for this class action says yes. It brings suit against Walmart, Inc. for its Great Value brand Chocolate Caramel “Coffee Creamer,” which it claims misleads consumers because it does not contain cream or any other dairy product except for “a de minimis amount of sodium caseinate[.]”
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 North Dakota, Texas, West Virginia, Virginia, Kentucky, New Mexico, Oklahoma, Utah, Nebraska, South Carolina, Kansas, and Wyoming who bought the product during the applicable statutes of limitations.
The complaint reviews various dictionary definitions of “cream,” including that of the Food and Drug Administration (FDA), which defines it as “the liquid milk product high in fat separated from milk, [with] not less than 18 percent milkfat.” “Coffee cream,” the complaint claims, is a separate term, which legally “contains not less than 18 percent but less than 30 percent milkfat,” with added sweeteners and/or flavorings.”
According to the complaint, non-dairy coffee whiteners were introduced in the 1960s and offered for sale in the frozen food sections of grocery stores. Their labels, the complaint alleges, were clear about the fact that they were not dairy products, bearing such statements as “A Vegetable Product—Contains No Milk or Milk Fat” on their labels.
However, the Great Value Product is labeled as a “Coffee Creamer” and a seal in the lower area of the front label says it is “Ultra-Pasteurized.” The complaint alleges, “Consumers associate pasteurization with milk-based beverages because it has always been a requirement that pasteurization is prominently disclose[d] on their front labels…”
The complaint therefore alleges that the product misleads consumers with the designations “Coffee Creamer” and “Ultra-Pasteurized” because the product does not contain dairy ingredients except for a minimal amount of sodium caseinate.
Page 5 of the complaint shows the ingredient list for the product. The first three items on it are “Sugar,” “Water,” and “Sunflower Oil.” The complaint alleges that Walmart uses these ingredients in place of cream because they are cheaper. In the “less than 2%” section of the label is listed “Sodium Caseinate (a Milk Derivative).”
The complaint alleges that the representations mislead consumers, so that they expect the product to contain cream. It asserts, “The value of the Product that Plaintiff purchased was materially less than its value as represented” by Walmart.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Great Value “Coffee Creamer” Contains No Cream Complaint
July 1, 2022
If a product is identified as a “coffee creamer” that is “ultra-pasteurized,” will consumers assume it is made from milk products? The complaint for this class action says yes. It brings suit against Walmart, Inc. for its Great Value brand Chocolate Caramel “Coffee Creamer,” which it claims misleads consumers because it does not contain cream or any other dairy product except for “a de minimis amount of sodium caseinate[.]”
Great Value “Coffee Creamer” Contains No Cream ComplaintCase Event History
Great Value “Coffee Creamer” Contains No Cream Complaint
July 1, 2022
If a product is identified as a “coffee creamer” that is “ultra-pasteurized,” will consumers assume it is made from milk products? The complaint for this class action says yes. It brings suit against Walmart, Inc. for its Great Value brand Chocolate Caramel “Coffee Creamer,” which it claims misleads consumers because it does not contain cream or any other dairy product except for “a de minimis amount of sodium caseinate[.]”
Great Value “Coffee Creamer” Contains No Cream Complaint