False Advertising Claims Filed in California Against Kellogg Co. over Trans Fats
Two California residents have filed putative class claims against the Kellogg Co. in a California federal court, alleging that the company misleads consumers by making health claims for its Nutri-Grain® bars and promoting some of its Keebler cookie products as containing 0 grams of trans fat. Higginbotham v. Kellogg Co., No. 10-255 (S.D. Cal., filed February 1, 2010). According to the complaint, which provides detailed information about the differences between natural saturated fats and artificial trans fat, including that the artificial fat “causes cardiovascular disease, type 2 diabetes, and cancer,” the trans fat content of Kellogg’s products renders them “dangerous and unfit for human consumption.”
The plaintiffs seek to certify a class of “All persons who purchased, on or after January 1, 2000, one or more Kellogg products containing artificial trans fat for their own use rather than resale or distribution.” They allege false advertising under the Lanham Act, violations of the California Unfair Competition Law and the common law of unfair competition, and violations of the California False Advertising Law and Consumer Legal Remedies Act. The plaintiffs seek an injunction to stop the company from marketing products that contain trans fat as “no trans fat” and/or “0g trans fat,” a corrective advertising campaign, disgorgement of profits, the destruction of all misleading and deceptive advertising materials and products, restitution, costs, expenses, and attorney’s fees.
A company spokesperson has reportedly stated that Kellogg believes the suit is meritless. See FoodNavigator-USA.com, February 4, 2010.
