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- A class-action lawsuit has alleged that Upfield US Inc.
deceptively labeled its “Country Crock Plant Butter” as
“Made with Almond Oil” and with images of almonds on the
principal display panel when it in fact contained a blend of four
plant-based oils, with almond butter declared as the fourth most
predominant ingredient (and oil) on the ingredient list (after palm
fruit oil, palm kernel oil, and canola oil). - The complaint alleged that almonds and almond oils have various
health benefits and a pleasant taste, and that Defendant sought to
take advantage of consumer demand through its “Made with
Almond Oil” labeling. Further, it alleged that consumers would
expect a “non-de minimis amount of almond oil, in
relative and absolute amounts to all oils used” and that the
declaration of almond oil on the ingredient list as the fourth most
predominant ingredient (and oil) “reveals a negligible amount
of almond oil in relative and absolute amounts to all oils
used.” - Since an ingredient list reveals only the relative amount of
ingredients, it is not clear how it can be claimed that almond oil
is present in a de-minimis amount. Furthermore, the
complaint, which is another filed by Spencer Sheehan, will face an
uphill battle given other court rulings which have dismissed
similar lawsuits where the defendant did not make a claim about the
relative proportion of ingredients and accurately disclosed the
ingredients on the ingredient list.
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