Antitrust Law Daily Wrap Up, ADVERTISING NEWS: Smucker settles Crisco brand oil mislabeling suit, (Nov 10, 2015)
Law Firms Mentioned:Blood Hurst & O’Reardon LLP
Organizations Mentioned:J. M. Smucker Company | J.M. Smucker Co.
By Linda O’Brien, J.D., LL.M.
Food product manufacturer J. M. Smucker Company has settled a consumer’s class action suit over its advertising and labeling of its Crisco brand oil products as “All Natural,“ according to a letter filed by the plaintiff in the federal district court in New York City (Ault v. J.M. Smucker Company, November 6, 2015).
The J. M. Smucker Company is a domestic manufacturer of fruit spreads, ice cream toppings, beverages, shortening, and natural peanut butter. In 2002, Smucker acquired the Crisco brand and currently sells nine varieties of cooking oil. From 2002 to 2013, the labels for these oils stated that the products were “All Natural.”
In May 2013, consumer Adrianna Ault filed suit against Smucker, alleging that the company violated New York General Business Law Sections 349 and 350 and breached an express warranty by labelling the Crisco cooking oils as “All Natural.” Ault asserted that the label was misleading because the oils are made using genetically modified organism (GMO) crops and are heavily processed. In May 2014, the court denied Smucker’s motion to dismiss the deceptive acts and practices claims. The court also denied Ault’s motion for class certification in August 2015 for failure to show the proposed class was ascertainable or classwide issues predominated.
The letter stated that the parties have reached a settlement in principle which will resolve the case and a motion to dismiss will be filed shortly. No details of the settlement were provided.
Attorneys: Timothy G. Blood (Blood Hurst & O’Reardon LLP) for Adrianna Ault.
Companies: J. M. Smucker Company
News: Advertising StateUnfairTradePractices NewYorkNews