A consumer has filed a putative class action against Kellogg Co. alleging
the company produces Mother’s Cookies® with partially hydrogenated oil
(PHO), which contains trans fat, in violation of the U.S. Food and Drug
Administration’s (FDA’s) ban on the ingredient. Hawkins v. Kellogg
Co., No. 16-0147 (S.D. Cal., filed January 21, 2016). The plaintiff asserts
FDA “determined that PHO is unsafe for use in food” in 2015, and alleges
as a result that Kellogg is prohibited from using the food additive in its
cookies. “Today there is no question about the scientific consensus on
trans fat,” the complaint argues, in describing several studies examining
the alleged human health effects of PHO consumption. For alleged violations
of California consumer-protection statutes, nuisance and breach
of implied warranty, the plaintiff seeks class certification, restitution, an
injunction, a corrective advertising campaign and attorney’s fees.


Issue 594

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.