Ads Implied Quorn® Is a Mushroom, Proposed Class Action Alleges

A consumer has filed a putative class action against Quorn Foods, Inc.
alleging the term “mycoprotein,” which the company uses in its advertising,
implies the product is “the same or substantially similar to a
mushroom, truffle or morel” but Quorn products “are actually made of
mold.” Birbrower v. Quorn Foods, Inc., No. 608107 (Cal. Super. Ct., Los
Angeles Cty., C. Dist., complaint filed January 22, 2016).

The complaint argues that Quorn labels misrepresent “mycoprotein,”
specifically citing the packaging claim that “Quorn [products] are made
with mycoprotein (‘myco’ is Greek for ‘fungi’) and are completely meatless
and soy-free. There are believed to be over 600,000 varieties of
fungi in the world, many of which are among the most sought after foods
like varieties of mushroom, truffles, and morels.” The plaintiff alleges
violations of California consumer-protection statutes and fraud, and
she seeks an injunction, implementation of product labels that state
that “this product contains mold,” a disclosure on the company’s web
site to explain that “the ‘mycoprotein’ ingredient in Quorn products is
fermented soil mold; it is not a mushroom, truffle or morel,” restitution,
and attorney’s fees. Additional information about a wrongful death
lawsuit against Quorn appears in Issue 560 of this Update.

Issue 592