October 27, 2021

Volume XI, Number 300

Advertisement
Advertisement

October 27, 2021

Subscribe to Latest Legal News and Analysis

October 26, 2021

Subscribe to Latest Legal News and Analysis

October 25, 2021

Subscribe to Latest Legal News and Analysis
Advertisement

Lawsuit Alleges Fat Content Deceptively Labeled

  • A class-action lawsuit filed in August against Hormel Foods alleges that the company’s Black Label Center Cut Bacon  (Center Cut Bacon) is falsely labeled as containing “25% Less Fat Than Our Regular Bacon.”

  • Plaintiffs allege that the claimed reduction in fat content is based on a smaller serving size rather than an actual decrease in fat content, and that the Center Cut Bacon did not contain 25% less fat than any other bacon product sold by Defendant when accounting for serving size. Furthermore, Plaintiffs allege that the labeling misleads consumers by failing to identify the reference food as required by federal regulation when a claim comparing nutrient levels to a reference food is made (i.e., a “relative claim”). See 21 CFR 101.13(j)(2)(ii). While Plaintiffs surmised that the reference food was Original Bacon, Center Cut Bacon contained only 14% less fat Original Cut Bacon when the serving size was accounted for (by computing fat content on a per gram basis).

  • More broadly, Plaintiffs allege that the practice of using different serving sizes for similar bacon products confused consumers and made it more difficult for them to verify the truthfulness of the fat reduction claim. This case is a good example of how nutrient content claims even on meat products regulated by USDA FSIS can be targeted in class action lawsuits.

© 2021 Keller and Heckman LLPNational Law Review, Volume XI, Number 271
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Keller and Heckman offers global food and drug services to its clients. Our comprehensive and extensive food and drug practice is one of the largest in the world. We promote, protect, and defend products made by the spectrum of industries regulated by the U.S. Food and Drug Administration (FDA), the European Commission and Member States authorities in the European Union (EU) and similar authorities throughout the world. The products we help get to market include foods, pharmaceuticals, medical devices, veterinary products, dietary supplements, and cosmetics. In addition...

202-434-4100
Advertisement
Advertisement
Advertisement