Rebel Ice Cream “Healthy” Claims and Saturated Fat Content Class Action

Rebel Creamery, LLC makes ice cream products. The complaint for this class action alleges that the company advertises its products in ways that suggest they are nutritious and more healthful than other similar products. But the complaint alleges that this is misleading, because the products contain more saturated fat than even certain well-known fast food products.

Two classes have been defined for this action:

• The Nationwide Class is all persons who bought the Rebel products in the US within the applicable statute of limitations.
• The California Class is all persons who bought the Rebel products in California within the applicable statute of limitations.

The complaint for this class action claims that Rebel’s advertising campaign is designed to market its products to health-conscious consumers.

The complaint quotes a paragraph found on the labels of all the products at issue: “Many have discovered that eating foods high in healthy fats and low in carbs/sugar trains your body to burn fat instead of sugar as an energy source. Common benefits people may experience on a low carb, high fat diet are weight loss, increased energy, suppressed appetite, and mental clarity.”

But the complaint alleges that “this is false, misleading, and deceptive because [Rebel’s] Products contain high amounts of unsafe fats which increase the risk of severe health issues, including coronary heart disease—the number one killer of Americans every year.”

In fact, the complaint alleges that every flavor of the ice cream products “contains more saturated fat per serving than a Burger King Cheeseburger, an Arby’s Classic Roast Beef Sandwich, a KFC Fried Chicken Breast, or three large orders of McDonald’s fries.” This amount of saturated fat, the complaint claims, are higher than the thresholds of concerns set by the Food and Drug Administration (FDA).

In addition to saturated fats, the complaint alleges that the products contain trans fats, which it quotes the Center for Science in the Public Interest as saying is “the most harmful fat of all…” as well as high levels of cholesterol.

The complaint refers to studies that it claims demonstrate that “consuming the Product is unhealthy as it increases risk of CHD, stroke, and other morbidity.”

Both state and federal regulations find a food to be misbranded if its label is false or misleading. The complaint alleges that the Rebel products are misbranded because of their statements that state or imply that the products are healthful or won’t negatively affect health.

The complaint also alleges that the products’ labeling does not comply with other federal labeling regulations because “it fails to reveal facts that are material in light of other representations” and other mandatory disclosure statements. This includes the fact that the products contain high levels of saturated fats.

Also, the complaint claims that the labeling “bears nutrient content claims using the term healthy, while failing to meet the requirements for making such implied nutrient content claims as set forth in” the Code of Federal Regulations.

Article Type: Lawsuit
Topic: Consumer
Tags: Deceptive Advertising, Deceptive Labels, Representations Imply Product Is Healthy