A consumer asserts that Miyoko’s Kitchen Inc.’s “vegan butter” misleads consumers into believing the product is “a ‘form’ of butter” despite lacking “any milk or dairy ingredients and the functional, nutritional, sensory and organoleptic attributes which consumers associate with butter.” Brown v. Miyoko’s Kitchen Inc., No. 18-6079 (E.D.N.Y., filed October 30, 2018). The products “bask in dairy’s ‘halo’ by using familiar terms to invoke positive traits—including the significant levels of various nutrients typically associated with real dairy foods,” the complaint alleges. The plaintiff argues that consumers “prefer butter over its imitators” because of its “unique and unduplicated taste,” “mouthfeel” and “ability to enhance the texture of and other qualities of (mashed) potato products.”

“The plant-based Product is not butter because it is derived from coconut (lauric) oil and nut ingredients, among others, and lacks any fat derived from cow’s milk,” the plaintiff argues. The product meets U.S. Food and Drug Administration standards for margarine rather than butter, the complaint asserts, but even then, “the Products are nutritionally inferior to butter and margarine, because they lack Vitamin A, Vitamin D and Calcium, among others.” For allegations of negligent misrepresentation, fraud, unjust enrichment and breach of warranties, the plaintiff seeks class certification, damages, injunctive relief and attorney’s fees.

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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.