Campbell Soup Co.’s ‘No MSG’ Claims Are False, Class Action Alleges [DISMISSED]
Last Updated on April 24, 2023
Henry v. Campbell Soup Company
Filed: January 25, 2022 ◆§ 1:22-cv-00431
A class action alleges the “No MSG Added” claim that appears on the label of certain Campbell Soup Co. products is false given a key ingredient contains monosodium glutamate.
New York
April 24, 2023 – Campbell Soup ‘No MSG’ Class Action Dismissed
The proposed class action detailed on this page was dismissed on March 31, 2023 after a federal judge found that the plaintiff had failed to state a claim.
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In a 16-page order granting the defendant’s July 2022 motion to dismiss the case, U.S. District Judge LaShann DeArcy Hall found that the “No MSG Added” claim on certain product labels is not misleading to consumers due to Campbell Soup Co.’s inclusion of clarifying language, “written in plain English,” that states a “small amount of glutamate occurs naturally in yeast extract.”
According to the judge, no reasonable consumer would believe that the products at issue are completely free of free glutamate because the company’s disclaimer is clear, immediately adjacent to the “No MSG Added” claim, all-capitalized, bolded, and displayed in a contrasting color.
Judge Hall also rejected the plaintiff’s argument that the labeling is misleading even with the inclusion of the disclaimer because, according to U.S. Food and Drug Administration (FDA) guidance, the average consumer is unaware that free glutamate is essentially equivalent to MSG.
“But, as Defendant rightfully argues, the FDA commentaries only concern whether the “[No MSG Added]” statement standing alone is misleading,” the judge wrote.
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A proposed class action alleges the “No MSG Added” claim that appears on the label of certain Campbell Soup Co. products is false given certain ingredients, such as yeast extract, actually contain monosodium glutamate.
The 26-page case in New York says that by prominently claiming that its Swanson beef and chicken broths, soups and other foods contain “no MSG” or “no added MSG,” Campbell Soup Company has “misled consumers about its products—and violated the consumer protection laws of many states.”
The lawsuit argues that although the labels of the Campbell’s products at issue include a disclaimer that states that a “small amount of glutamate occurs naturally in yeast extract,” a reasonable consumer would not notice this qualifying language and understands “no MSG added” to mean that no glutamates were added to the food.
“The truth, however, is that the No MSG Products do contain ingredients that contain free glutamates—including specifically monosodium glutamate,” the complaint says. “And indeed, Defendant adds these ingredients to the No MSG Products specifically for the purpose of giving the products an ‘umami’ taste. As a result, Defendant’s ‘No MSG added’ labels and representations are false and misleading.”
According to the complaint, glutamic acid, an amino acid used to form proteins, and its salts are known as “free glutamates,” which provide an “umami” or savory taste to food. The suit explains that umami taste “induces salivary secretion,” known colloquially as a “mouth-watering” sensation, and can improve the taste of food. The use of free glutamates as flavor enhancers, though widespread, is “highly controversial” given many researchers believe they can lead to adverse health effects and exacerbate food allergies, the lawsuit says.
“For all these reasons, many consumers—including Plaintiff—seek to avoid foods that contain free glutamates,” the suit reads.
Monosodium glutamate, the sodium salt form of glutamate, is the most popular free glutamate added to prepared foods, the case continues. The complaint says that consumers generally understand the term “MSG” to mean any free glutamate, and because many wish to avoid foods that contain the flavor enhancers, many prepared foods are prominently labeled as “no MSG” and/or “no MSG added.” Per the case, MSG is “chemically indistinguishable” from free glutamate.
The “No MSG” Campbell Soup Co. products at issue contain added free glutamates, the lawsuit alleges, pointing toward the inclusion of yeast extract as the source of the MSG. The case stresses that the glutamate-containing yeast extract is not necessarily an inherent ingredient in the broths and soups at issue, but allegedly added by Campbell Soup Co. for taste reasons.
The lawsuit looks to represent all persons in the United States who bought a “No MSG” product made by Campbell Soup Co. during the applicable statute of limitations period.
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