International Delight French vanilla coffee whitener, made by Danone North American Public Benefit Corporation, is labeled as a “Coffee Creamer” and as being “Delightfully Creamy.” But the complaint for this class action alleges that these representations are misleading, because the product contains palm oil and very little of any kind of milk product.
Two classes have been defined for this action:
- The Texas Class is all persons in Texas who bought the product during the applicable statutes of limitations.
- The Consumer Fraud Multi-State Class is all persons in Montana, Idaho, Alaska, Virginia, Kentucky, Kansas, Nebraska, North Dakota, Iowa, South Carolina, and Utah who bought the product during the applicable statutes of limitations.
The complaint reviews definitions of “cream” from various sources. The complaint quotes the Food and Drug Administration (FDA) definition, contained in the Code of Federal Regulations, as saying that cream is “the liquid milk product high in fat separated from milk, [with] not less than 18 percent milkfat.” Coffee cream is defined by the same source as containing “not less than 18 percent but less than 30 percent milkfat,” possibly also containing sweeteners or flavorings.
Non-dairy coffee whiteners were introduced in the 1960s, the complaint says, but they were not labeled “creamers.” Instead, they were called “whiteners,” sold in the frozen food sections of supermarkets, and clearly labeled as not being creamers, for example, the complaint says, as “A Vegetable Product—Contains No Milk or Milk Fat.”
Page 4 of the complaint reproduces the ingredient panel of the product which shows the principal ingredients to be “Water, Sugar, Palm Oil.” After “Contains 2% or Less of” the panel lists “Sodium Caseinate* (a Milk Derivative)[.]” This last appears to be the only milk ingredient in the product. The asterisk connects to a note at the end of the ingredient list, stating “Sodium Caseinate Is Not a Source of Lactose.” The final notation in the panel is “Contains a Milk Derivative.”
The complaint alleges, “In place of dairy cream, the Product substitutes water and palm oil, the first and third ingredients, to reduce costs.”
The complaint alleges that consumers value real cream “for its nutritive purposes” and because its fats, unlike vegetable oils, “do not increase the risk of cardiovascular disease…” It claims that dairy ingredients also include calcium and vitamins A, D, E, and K.
The complaint alleges that the name “Coffee Creamer” is similar to “Coffee Cream,” which leads consumers to think the product is a dairy product that contains milkfat. It claims, “Consumers are misled to expect the presence of cream, from dairy ingredients.” Therefore, the complaint claims, “The value of the Product … was materially less than its value as represented” on the label.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
International Delight “Coffee Creamer” Does Not Contain Cream Complaint
June 17, 2022
International Delight French vanilla coffee whitener, made by Danone North American Public Benefit Corporation, is labeled as a “Coffee Creamer” and as being “Delightfully Creamy.” But the complaint for this class action alleges that these representations are misleading, because the product contains palm oil and very little of any kind of milk product.
International Delight “Coffee Creamer” Does Not Contain Cream ComplaintCase Event History
International Delight “Coffee Creamer” Does Not Contain Cream Complaint
June 17, 2022
International Delight French vanilla coffee whitener, made by Danone North American Public Benefit Corporation, is labeled as a “Coffee Creamer” and as being “Delightfully Creamy.” But the complaint for this class action alleges that these representations are misleading, because the product contains palm oil and very little of any kind of milk product.
International Delight “Coffee Creamer” Does Not Contain Cream Complaint