Putative Class Action Targets Hormel’s “100% Natural,” “No Preservatives” Meat

A consumer has filed a proposed class action against Hormel Foods
Corp. alleging the company misrepresents its meat products as natural
and free of preservatives despite containing synthetic or genetically
modified ingredients, including cultured celery powder, baking powder
and maltodextrin. Phelps v. Hormel Foods Corp., No. 16-62411 (S.D.
Fla., Ft. Lauderdale Div., filed October 11, 2016). The lawsuit, focused
on Hormel’s Natural Choice® line of products, echoes similar claims in a
complaint filed by the Animal Legal Defense Fund in June 2016. Details
on that complaint appear in Issue 610 of this Update.

“The U.S. Department of Agriculture (‘USDA’) takes into account the
level of processing in its policy on natural claims on food labeling,” the
consumer complaint asserts. “The USDA allows such products to be
labeled ‘natural’ when ‘(1) The product does not contain any artificial
flavor or flavoring, coloring ingredient, or chemical preservative [], or any
other artificial or synthetic ingredient; and (2) the product and its ingredients
are not more than minimally processed.’” Arguing that Hormel
induced the proposed class to pay a premium with its alleged mislabeling,
the plaintiff seeks class certification, a corrective advertising campaign,
damages and attorney’s fees for alleged violations of Florida consumer-protection statutes, negligent misrepresentation and unjust enrichment.

Issue 620