Schwan’s Consumer Brands, Inc. appears to be aware that consumers value butter, as the complaint for this class action contends. Schwan’s makes a product under its Mrs. Smith’s brand, a frozen apple pie that it advertises as having a “Flaky Crust Made with Real Butter.” But the complaint alleges that this is misleading because the main shortening in the crust is palm oil.
Two classes have been defined for this action:
- The Wisconsin Class is all persons in Wisconsin who bought the product during the applicable statutes of limitations.
- The Consumer Fraud Multi-State Class is all persons in Alaska, West Virginia, Mississippi, South Dakota, and Idaho who bought the product during the applicable statutes of limitations.
Page 1 of the complaint shows an image of the box of a Mrs. Smith’s frozen apple pie, showing a blue ribbon, reminiscent of prizes won at state fairs, with images of one and a half apples and two pats of butter, and the words “Made With Real Butter.”
Consumers value butter for a many reasons, the complaint says, one of which is its ability to make a good, flaky pie crust. “When butter is cut into dough,” the complaint alleges, “it creates tiny beads or flakes, preventing excess water from absorbing into the flour. … When a pie is heated, the butter melts, creating air pockets and releasing its water content.” This results in steam, the complaint claims, which “separates and expands the surrounding dough, resulting in the ideal flaky crust.”
Butter also 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 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…”
Butter is not the main shortening, the complaint alleges. In fact, butter is only listed this early as a component in the “Shortening Butter Blend,” but the complaint alleges that the amount of butter in the product is less than the amount of palm oil 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 contends that the ingredient panel does not properly list the ingredients, by their common or usual name in order of predominance by weight.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Mrs. Smith’s Frozen Apple Pie “Made with Real Butter” Claim Complaint
February 4, 2023
Schwan’s Consumer Brands, Inc. appears to be aware that consumers value butter, as the complaint for this class action contends. Schwan’s makes a product under its Mrs. Smith’s brand, a frozen apple pie that it advertises as having a “Flaky Crust Made with Real Butter.” But the complaint alleges that this is misleading because the main shortening in the crust is palm oil.
Mrs. Smith’s Frozen Apple Pie “Made with Real Butter” Claim ComplaintCase Event History
Mrs. Smith’s Frozen Apple Pie “Made with Real Butter” Claim Complaint
February 4, 2023
Schwan’s Consumer Brands, Inc. appears to be aware that consumers value butter, as the complaint for this class action contends. Schwan’s makes a product under its Mrs. Smith’s brand, a frozen apple pie that it advertises as having a “Flaky Crust Made with Real Butter.” But the complaint alleges that this is misleading because the main shortening in the crust is palm oil.
Mrs. Smith’s Frozen Apple Pie “Made with Real Butter” Claim Complaint