Putative Class Action Filed Against “Just Mayo”

A Florida consumer has filed a proposed class action against Hampton Creek,
maker of vegan spread “Just Mayo,” in Florida state court alleging that the
product is falsely labeled and advertised because it does not contain eggs.
Davis v. Hampton Creek Inc., No. 2015-5993-CA (Fla. 11th Jud. Cir. Ct., filed
March 13, 2015).

The complaint cites definitions of “just” and “mayo” to argue that the product
name fools reasonable consumers into believing that it is mayonnaise despite
containing no eggs. The plaintiff further points to the label, which includes
an egg-shaped outline, and to the website, which previously advertised
the product as “an outrageously delicious mayonnaise that’s better for
your body, for your wallet, and for the planet.” She alleges a violation of
Florida’s consumer-protection statute and unjust enrichment and seeks
class certification, damages, restitution, an injunction, and attorney’s fees.

Unilever, producer of Hellmann’s mayonnaise, challenged Hampton
Creek’s “Just Mayo” labeling and voluntarily dismissed the case in
December 2014. Additional details appear in Issue 549 of this Update.

Issue 559