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Hormel Black Label Center Cut Bacon “25% Less Fat” California Class Action

This complaint brings suit against Hormel Food Sales, LLC and Hormel Foods, LLC, about the nutritional claim it makes for its Hormel Black Label Center Cut Bacon. The company advertises the Center Cut Bacon as having 25% less fat than its “regular” bacon. The complaint alleges that this is not true and that the primary difference is a reduction of the serving size.

The class for this action is all California residents who bought Hormel Center Cut Bacon at retail in California, at any time from August 6, 2017 to the present.

Page 7 of the class action displays an image of the package of bacon at issue. The second-largest font is used for the claim, “25% Less Fat,” and then, in smaller letters, “Than Our Regular Bacon.”

But which bacon is the “regular” one? The complaint lists nineteen types of Black Label bacon. It claims that Hormel answered an inquiry saying that the “statement on the package is comparing it to our original Black Label Bacon.”

The complaint reviews the nutrition panel on a February 2020 package of Hormel Original Bacon and finds that the serving size was 18 grams, with a fat content of 7 grams per serving. This means that one gram of Original Bacon would have 0.389 grams of fat. It then reviews the same panel on the Center Cut Bacon. There a serving is defined as 15 grams, with 5 grams of fat per serving, which translates to one gram of Center Cut Bacon containing 0.333 grams of fat.

The difference, the complaint claims, is not 25% but 14%.

So where does the claim come from? The complaint alleges that it is based on “recent manipulations of the serving size and fat content” of the Original Bacon, implemented in the first half of 2021.

The complaint claims, “Prior to the Hormel Original Modification, the serving size of Original Bacon was 18g with a fat content of 7g. After the Hormel Original Modification, the serving size of Original Bacon was reduced to 15g, but the relative fat content per gram was increased, so that each serving size still had 7g of fat.”

Before and after the modification, Center Cut was advertised as having 25% less fat; the complaint alleges that the only thing that changed was the Original Bacon serving size and its higher ratio of fat. The complaint thus claims that “the Nutritional Claim was achieved in large part by making Center Cut bacon’s serving size smaller—a simple accounting trick that did not boost the relative healthiness of Center Cut bacon.”

It alleges that the “25% less fat” claim confused and misled customers, and that Hormel should have been aware of that.

The Center Cut Bacon is sold at a premium price—at the same price as other Hormel bacons but in a package that contains 12 ounces rather than 16 ounces of bacon.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Hormel Black Label Center Cut Bacon “25% Less Fat” California Complaint

August 6, 2021

This complaint brings suit against Hormel Food Sales, LLC and Hormel Foods, LLC, about the nutritional claim it makes for its Hormel Black Label Center Cut Bacon. The company advertises the Center Cut Bacon as having 25% less fat than its “regular” bacon. The complaint alleges that this is not true and that the primary difference is a reduction of the serving size.

Hormel Black Label Center Cut Bacon “25% Less Fat” California Complaint

Case Event History

Hormel Black Label Center Cut Bacon “25% Less Fat” California Complaint

August 6, 2021

This complaint brings suit against Hormel Food Sales, LLC and Hormel Foods, LLC, about the nutritional claim it makes for its Hormel Black Label Center Cut Bacon. The company advertises the Center Cut Bacon as having 25% less fat than its “regular” bacon. The complaint alleges that this is not true and that the primary difference is a reduction of the serving size.

Hormel Black Label Center Cut Bacon “25% Less Fat” California Complaint
Tags: Deceptive Advertising, Deceptive Labels, Untrue Product Claims