Mrs. Smith Frozen Apple Pie Contains Little “Real Butter” Class Action

The complaint for this class action spends a great deal of time explaining why pie crusts made with butter are superior to those made with vegetable oils. This is because the point of the class action is to bring suit about a Schwan’s Consumer Brands, Inc. product, Mrs. Smith’s frozen apple pie, which is marketed as having a “Flaky Crust Made With Real Butter.” The complaint alleges that the crust is actually made with more oil than butter.

Two classes have been defined 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 Utah, Virginia, Wyoming, Arkansas, Ohio, Nevada, North Carolina, and Alabama who bought the product during the applicable statues of limitations.

Consumers prefer butter as the shortening in pies, the complaint alleges, because it creates superior flavor and texture in the crust: “When butter is cut into dough, it creates tiny beads or flakes, preventing excess water from absorbing into the flour.” Also, “[w]hen a pie is heated, the butter melts, creating air pockets and releasing its water content.”

Butter has healthier fats, the complaint alleges, and nutrients such as calcium, protein, and vitamins A and D, while vegetable oils have harmful trans fats and “no comparable nutritional value because of the intense processing needed to render them palatable.” Also, the complaint claims, butter has a creamy taste, while vegetable oils are “heavily refined to provide a neutral taste, [but] they are highly susceptible to oxidation and reversion back to their original ‘beany’ and waxy taste.”

Page 1 of the complaint shows an image of the box for a Mrs. Smith’s frozen apple pie, showing a blue ribbon, reminiscent of prizes at state fairs, with images of one and a half apples and two pats of butter, and the words “Made With Real Butter.”

However, page 4 of the complaint shows an image of the ingredient panel for the pie. The first ingredient is “Wheat Flour,” but the second is “Shortening Butter Blend (Palm Oil, Butter [Cream, Salt])” followed by “Palm Oil, Water, Soybean Oil.”

“Contrary to what consumers read,” the complaint says, “the second most predominant shortening ingredient is not ‘Butter,’ even though this is listed after ‘Palm Oil.’” Butter only is listed this early, the complaint implies, as an ingredient in the predominating “Shortening Butter Blend” with an amount that does not actually exceed the amount of palm or soybean oil.

The complaint thus claims, “The amount of butter is de minimis or negligible, in absolute and relative amounts to the shortening ingredients used.” It also claims the ingredient panel does not properly list the ingredients, by their common or usual name in order of predominance by weight.

Article Type: Lawsuit
Topic: Consumer
Tags: Deceptive Advertising, Deceptive Labels, Made with Real Butter Claims