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Snack Pack Pudding “Real Milk” Content Class Action

Conagra Brands, Inc. makes Snack Pack brand pudding. Milk is the main ingredient in pudding, and the package assures consumers this pudding is “Made with Real Milk.” But what counts as real milk? The pudding package has an asterisk after this phrase, which connects to a note saying, “Made with Nonfat Milk.” The complaint for this class action alleges that consumers will interpret “Made with Real Milk” to mean that the product is made with whole milk.

The Multi-State Class for this action is all those who live in Illinois, Florida, Texas, Ohio, Indiana, Iowa, Minnesota, Michigan, and Wisconsin who bought the product during the applicable statutes of limitations.

The complaint refers to the Code of Federal Regulations to state, “Milk is defined as 3.25% milkfat (containing Vitamin A) and 8.25% nonfat milk solids.” It adds, “Milkfat is the most valuable component of milk, with 400 types of fatty acids” and claims that whole milk is “rich in branched-chain amino acids (BCAAs)[.]”

The complaint alleges, “In the early 20th century, companies realized they could make more money by removing milkfat from milk and replacing the fat portion with coconut oil.” This product was known as “filled milk,” and it was prohibited in the 1920s because “it was deleterious to public health and was difficult for consumers to distinguish from real milk[,]” the complaint says. However, in the 1970s, the prohibition was lifted, and some manufacturers still replace milkfat with vegetable oils.

What does the ingredient panel for the pudding say? The first ingredient it lists is “Water,” followed by “Nonfat Milk.” Sixth on the list is “Palm Oil.” The complaint thus contends that the product’s claim to be made with “Real Milk” “is false, deceptive, and misleading because it lacks any milkfat.” It alleges, “The Product’s fat content—2g per 92g serving—is entirely from palm oil, a lower cost solid fat replacement for the fat from whole milk.”

The complaint lists a number of reasons why this replacement produces an inferior product, including the following:

  • “Palm oil contains 50% saturated fat, which increases low-density lipoproteins (LDL) and cholesterol, with negative health impacts.”
  • “Palm oil lacks vitamins, minerals, and protein.”
  • “Whereas whole milk provides 2% of the daily value of Vitamin A, the pudding with palm oil has a negligible amount of this nutrient.”

The complaint alleges, “It is false and misleading to consumers to highlight ‘real milk’ when its most significant part—milkfat—is replaced with palm oil, a cheaper and nutritionally inferior product.”

The flavor is also inferior, the complaint alleges: “The flavor of milkfat is difficult to duplicate synthetically because many of its flavor compounds exist in the bound or precursor state and are released upon heating.” Milkfat melts just below body temperature, that is, when it is put in the mouth.

“Milkfat also imparts a desirable cooling sensation in the mouth as it melts[,]” the complaint asserts, which contrasts with “vegetable oils like palm oil [that] provide a waxy, greasy mouthfeel.”

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Snack Pack Pudding “Real Milk” Content Complaint

May 19, 2021

Conagra Brands, Inc. makes Snack Pack brand pudding. Milk is the main ingredient in pudding, and the package assures consumers this pudding is “Made with Real Milk.” But what counts as real milk? The pudding package has an asterisk after this phrase, which connects to a note saying, “Made with Nonfat Milk.” The complaint for this class action alleges that consumers will interpret “Made with Real Milk” to mean that the product is made with whole milk.

Snack Pack Pudding “Real Milk” Content Complaint

Case Event History

Snack Pack Pudding “Real Milk” Content Complaint

May 19, 2021

Conagra Brands, Inc. makes Snack Pack brand pudding. Milk is the main ingredient in pudding, and the package assures consumers this pudding is “Made with Real Milk.” But what counts as real milk? The pudding package has an asterisk after this phrase, which connects to a note saying, “Made with Nonfat Milk.” The complaint for this class action alleges that consumers will interpret “Made with Real Milk” to mean that the product is made with whole milk.

Snack Pack Pudding “Real Milk” Content Complaint
Tags: Deceptive Advertising, Deceptive Labels, Does Not Contain Implied Ingredients