Lawsuit Challenges Kerrygold Butter’s Made From “Grass-Fed Cows” Claim

A consumer has filed a putative class action alleging Ornua Foods North America misleadingly marketed its Kerrygold butter as produced from grass-fed cows because the cows are fed for part of the year with soy, corn and other grains. Myers-Taylor v. Ornua Foods N. Am., No. 18-1538 (S.D. Cal., filed July 6, 2018). The plaintiff asserts Ornua charges a premium based on the grass-fed-cows claim because butter produced from grass-fed cows purportedly contains higher levels of conjugated linoleic acid, omega-3 fatty acids, butyric acid and vitamins A and K2 than butter from grain-fed cows. Claiming violations of the California consumer-protection statutes, breach of express warranty, fraud and negligent misrepresentation, the plaintiff seeks class certification, restitution, damages and attorney’s fees.