Campbell’s Reaches Preliminary Settlement in Low-Sodium Soup Class Action

The Campbell Soup Co. will change its low-sodium tomato soup labels under
a settlement with a class of consumers who sued the company in a New
Jersey federal court in 2010, alleging that these products cost more while
actually containing about the same level of sodium as the company’s regular
tomato soup. Smajlaj v. Campbell Soup Co., No. 10-01332 (D.N.J.,
preliminary approval granted August 9, 2011). The company will also provide
a cash fund of $1.05 million for consumers throughout the United States
who purchased the products over a two-year period ending in August 2011.
Maximum recovery, depending on which soup was purchased and whether
receipts are available, is $10 or $.50 for each can that a class member can
show she purchased.

The agreement would permit class counsel fees of $350,000; the court has
scheduled a final settlement approval hearing for November 29. According to
court documents, Campbell will “follow new labeling procedures that avoid
comparisons between the same varieties of reduced sodium condensed and
regular condensed soup.” Details will be made available when the settlement
Website goes live. The agreement covers the company’s “25% Less Sodium
Condensed Tomato Soup” and “Campbell’s Healthy Request® Condensed
Tomato Soup” with a “30% Less Sodium” banner on the label. Additional
details about the litigation appear in Issue 342 and Issue 388 of this Update.