Class Action Claims Président Feta Cheese Falsely Advertised, Not Made in Greece [DISMISSED]
by Erin Shaak
Last Updated on December 1, 2023
Gallagher v. Lactalis American Group, Inc.
Filed: August 14, 2022 ◆§ 1:22-cv-00614
A class action alleges Président-brand feta cheese is falsely advertised in that the product is made in the United States and has no association with Greece.
New York
December 1, 2023 – Président Feta Cheese Lawsuit Dismissed
The proposed class action detailed on this page was dismissed by United States District Judge John L. Sinatra, Jr. on September 21, 2023.
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In a 16-page order, Judge Sinatra granted defendant Lactalis American Group’s motion to dismiss the case on the grounds that the plaintiff failed to sufficiently allege the representations on the Feta Crumbles packaging would deceive a reasonable consumer about the product’s country of origin.
“[W]hile a discerning shopper may associate feta cheese with Greek tradition, it is unreasonable to conclude that reasonable consumers would expect that a mass-produced cheese product was made in Greece based on little more than a font style, and in the absence of any statement that the product was made in Greece,” the judge wrote, pointing out that the product’s packaging explicitly states that the cheese is distributed in “Buffalo, NY.”
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A proposed class action alleges Président-brand feta cheese is falsely advertised in that the product is made in the United States and has no association with Greece, even though its front label suggests otherwise.
The 13-page lawsuit contends that certain representations on the Président Feta Crumbles label—including the statement “Europe’s Leading Cheese Expert,” ancient Greek-styled font and a gold olive branch wreath—give off the impression that the cheese is made in Greece, “or at the very least in another European country.”
The case says, however, that the bottom of the packaging discloses in small font that Président has “over 80 years of French heritage,” and that the product is distributed by defendant Lactalis American Group, Inc. out of Buffalo, New York.
According to the suit, consumers have been misled by the feta cheese’s packaging into paying more for the product than they would have if they had known that the cheese was not made in Greece or Europe.
Lactalis American Group, the suit claims, has used representations evocative of Greece on the Président feta cheese label in order to appeal to consumers’ desire for authentic products. Per the complaint, consumers are willing to pay more for “genuine” foods such as sake from Japan, tomatoes from Italy and feta cheese, a crumbly cheese traditionally made with sheep or goat’s milk, from Greece.
The lawsuit more specifically alleges that the Président Feta Crumbles label includes three representations that consumers associate with Europe or Greece—a statement describing Président as “Europe’s Leading Cheese Expert,” an olive branch wreath or “kotinos” known to have been used at the ancient Olympic Games in Greece, and text stylized in “ancient-Greek font.”
“When the kotinos and stylized ancient Greek font are coupled with the statement, ‘Europe’s Leading Cheese Experts,’ reasonable consumers will expect the Product was made in Greece by a European, and specifically, a Greek company,” the complaint argues. “However, the representations are misleading because the Product was not made in Greece or Europe but in the United States.”
The lawsuit claims Lactalis American Group has been able to sell more of the feta cheese product, and for higher prices, than it otherwise would have absent the allegedly misleading label representations.
The suit looks to represent anyone in Florida, Alabama, Georgia, South Carolina, Tennessee and Utah who purchased the Président feta cheese during the applicable statute of limitations period.
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