A federal court has dismissed multidistrict litigation alleging that
several brands’ “100% Grated Parmesan Cheese” misled
consumers because the products contained as much as 8.8
percent cellulose, finding that the claims were “doomed by the
readily accessible ingredient panels on the products that disclose
the presence of non-cheese ingredients.” In Re: 100% Grated
Parmesan Cheese Mktg. & Sales Practices Litig., No. 16-5802
(N.D. Ill., entered August 24, 2017). Additional details about the
litigation appear in Issues 595 and 606 of this Update.

The court found the cheese’s label was ambiguous, noting,
“Although 100% Grated Parmesan Cheese might be interpreted as
saying the product is 100% cheese and nothing else, it also might
be an assertion that 100% of the cheese is parmesan cheese, or
that the parmesan cheese is 100% grated. Reasonable consumers
would thus need more information before concluding that the
labels promised only cheese and nothing more, and they would
know exactly where to look to investigate—the ingredient list.”

 

Issue 645

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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