California Lawsuit Challenges Use of Trans Fat in Kellogg’s Mother’s Cookies®

A consumer has filed a putative class action against Kellogg Co. alleging
the company produces Mother’s Cookies® with partially hydrogenated oil
(PHO), which contains trans fat, in violation of the U.S. Food and Drug
Administration’s (FDA’s) ban on the ingredient. Hawkins v. Kellogg
Co., No. 16-0147 (S.D. Cal., filed January 21, 2016). The plaintiff asserts
FDA “determined that PHO is unsafe for use in food” in 2015 and alleges
as a result that Kellogg is prohibited from using the food additive in its
cookies. “Today there is no question about the scientific consensus on
trans fat,” the complaint argues, describing several studies examining the
effects of PHO on the human body. For alleged violations of California
consumer-protection statutes, nuisance and breach of implied warranty,
the plaintiff seeks class certification, restitution, an injunction, a corrective
advertising campaign and attorney’s fees.

Issue 592