Putative Class Alleges Mislabeling of “Greek Yogurt” by Retailer and Subsidiary
Seeking to certify a class of all consumers who purchased Lucerne® brand
Greek yogurt from any of its parent Safeway grocery stores, a California
resident has filed a complaint in state court alleging that the product is
mislabeled because it is not thickened through straining but rather by the
addition of milk protein concentrate (MPC). Tamas v. Safeway, Inc., No. RIC
1206341 (Cal. Super. Ct., Riverside Cty., filed April 27, 2012). According to the
complaint, MPC “is essentially a blend of dry dairy ingredients,” often imported
and used to increase protein ratios in dairy products; it is allegedly not among
“generally recognized as safe” food additives listed by the Food and Drug
Administration (FDA). “Thus,” the plaintiff claims, “using MPC in any human
food constitutes adulteration.” The plaintiff also alleges that the product does
not meet FDA’s standard of identity for yogurt products.
The plaintiff contends that she would not have purchased the yogurt at a premium price if she had known that it was not “true” Greek yogurt, stating that she “detrimentally relied on Defendants’ representations that they were selling ‘Greek’ yogurt, and parted with her money as a result thereof causing financial loss and injury.” Alleging violations of the California Consumers Legal Remedies Act and Unfair Competition Law, the plaintiff seeks injunctive and declaratory relief, “restitution of monies wrongfully obtained and/or disgorgement of ill-gotten revenues and/or profits,” and attorney’s fees and costs. She argues that her suit is not preempted by federal food labeling laws.
