Antitrust Law Daily Wrap Up, FALSE ADVERTISING—DMinn: Claims Concerning the Labeling of Greek Yogurt Had to Be Brought Before the Food and Drug Administration, (Dec 11, 2012)

By Jody Coultas, J.D.

Minnesota consumer protection law claims that a yogurt manufacturer mislabeled its Greek yogurt were dismissed by the federal district court in St. Paul, which directed the parties to initiate proper proceedings with the Food and Drug Administration (Taradejna v. General Mills, Inc., December 10, 2012, Nelson, S.).

Greek yogurt has become a very popular product in the U.S.. and many manufacturers, including General Mills, Inc., have sought to capitalize on this popularity by offering Greek yogurt products. Unlike other yogurts sold in the U.S., Greek yogurt is strained to remove the whey. However, General Mills’ Yoplait Greek yogurt product is made from Milk Protein Concentrate (MPC), an ultra-filtered milk. MPC results in a product that is similar in thickness and protein content to Greek yogurt.

A purchaser of the product, Martin Taradejna, alleged that General Mills violated the Minnesota consumer protection laws by falsely advertising its Yoplait Greek yogurt and failed to comply with legal and regulatory rules governing the labeling of yogurt. General Mills argued that the primary jurisdiction doctrine barred the claims.

The primary jurisdiction doctrine applies where enforcement of a claim requires the resolution of issues which, under a regulatory scheme, have been placed within the special competence of an administrative body. Courts generally apply the doctrine to promote uniformity and consistency within a particular field of regulation.

Because resolution of the claims could result in inconsistent judicial rulings, the court dismissed the lawsuit. The issue—whether MPC is a proper, permitted ingredient in yogurt—fell within the competence and expertise of the FDA. Generally, issues concerning food labels are best resolved by the FDA. There was also ambiguity about the standards for yogurt labeling in light of a stayed FDA limitation, public statements made by the FDA, and proposed FDA rules. Several lawsuits have been filed concerning similar issues with Greek yogurt products, highlighting the importance of referring the claims to the FDA to avoid varying rulings.

The case is No. 12-993 (SRN/LIB).

Brian C. Gudmundson (Zimmerman Reed, PLLP) for Martin Taradejna. Aaron D. Van Oort (Faegre Baker Daniels, LLP) for General Mills, Inc.

Cases: Advertising StateUnfairTradePractices MinnesotaNews