Sargento Cheeses Advertised as Having “No Antibiotics” Class Action

“According to the Centers for Disease Control and the World Health Organization,” says the complaint for this class action, “antibiotic resistance—the ability of germs to defeat the drugs designed to kill them—is one of the greatest and most urgent public health risks of our time.” At issue in this case are cheeses made by Sargento Foods, Inc. Sargento’s packaging claims they have “No Antibiotics,” but the complaint alleges they are made from the milk of cows that were given antibiotics.

The class for this action is defined at this time as all consumers who bought the Sargento products at issue in the US, between the applicable statute of limitations and the date of class certification in this case. A multi-state subclass has also been proposed.

Page 3 of the complaint makes this claim: “More than 2.8 million antibiotic-resistant infections occur in the United States each year, and more than 35,000 people die as a result.” The problem posed by this resistance has gotten worse during the pandemic, the complaint says, because of the frequent use of antibiotics to treat patients with Covid-19.

“Antibiotics are used in factory-style dairy production because the treatment and conditions to which cows are subjected impair their health and cause infections[,]” the complaint alleges. Also, it says, “The use of antibiotics in industrial agriculture causes residues of antibiotics and antibiotic-resistant bacteria to emerge on agricultural lands, move through the environment, contaminate waterways, and reach consumers in food.”

Many consumers these days are trying to avoid taking in antibiotics in food, and the complaint claims Sargento’s “No Antibiotics” label is important to them. Many people are also willing to pay more for food they consider safer for themselves and their families. The “No Antibiotics” labeling therefore allows Sargento to sell more of its cheeses, at higher prices, than it would be able to sell without that labeling.

However, the complaint alleges that the “No Antibiotics” claim is “false, deceptive, and misleading” because the cheese products are made from the milk of cows that were given antibiotics. In fact, the complaint alleges, “at least some of the Products, in their final form as sold to consumers, still contain detectable levels of antibiotics, which are then ingested by consumers.”

The list of specific cheese products is long; it can be found in the footnotes on the first and second pages of the complaint.

The counts include breach of express warranty, violations of state consumer protection laws, and unjust enrichment.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Sargento Cheeses Advertised as Having “No Antibiotics” Complaint

December 21, 2020

“According to the Centers for Disease Control and the World Health Organization,” says the complaint for this class action, “antibiotic resistance—the ability of germs to defeat the drugs designed to kill them—is one of the greatest and most urgent public health risks of our time.” At issue in this case are cheeses made by Sargento Foods, Inc. Sargento’s packaging claims they have “No Antibiotics,” but the complaint alleges they are made from the milk of cows that were given antibiotics.

Sargento Cheeses Advertised as Having “No Antibiotics” Complaint

Case Event History

Sargento Cheeses Advertised as Having “No Antibiotics” Complaint

December 21, 2020

“According to the Centers for Disease Control and the World Health Organization,” says the complaint for this class action, “antibiotic resistance—the ability of germs to defeat the drugs designed to kill them—is one of the greatest and most urgent public health risks of our time.” At issue in this case are cheeses made by Sargento Foods, Inc. Sargento’s packaging claims they have “No Antibiotics,” but the complaint alleges they are made from the milk of cows that were given antibiotics.

Sargento Cheeses Advertised as Having “No Antibiotics” Complaint
Tags: Deceptive Advertising, Deceptive Labels, No Antibiotics Claims