Class Action Says Hellmann’s Mayo ‘With Olive Oil’ Contains Less Olive Oil Than Buyers Expect
by Erin Shaak
Last Updated on February 2, 2023
Hite v. Unilever United States, Inc.
Filed: March 16, 2022 ◆§ 7:22-cv-02188
A lawsuit claims the label of Hellmann’s “With Olive Oil” mayo dressing misleads consumers into believing it contains more olive oil than it actually does.
New York
A proposed class action lawsuit argues that the label of Hellmann’s “With Olive Oil” mayonnaise dressing misleads consumers into believing the product contains more olive oil than it actually does.
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According to the 15-page case, defendant Unilever United States, Inc. has capitalized on consumers’ desire for olive oil by prominently highlighting the ingredient on the front label of the “With Olive Oil” variety of Hellmann’s mayo. The suit contends, however, that the mayo contains only a trace amount of olive oil—much less than consumers have been led to expect and not enough to confer any of the health benefits associated with the ingredient.
The lawsuit claims that Unilever has sold more of the Hellmann’s mayonnaise, and at higher prices, than it would have absent the allegedly misleading “With Olive Oil” representation.
As the case tells it, demand for mayonnaise had declined in recent years for various reasons, including perception among consumers of the condiment as “ultraprocessed” and a general avoidance of the egg and vegetable oil ingredients typically found in mayo. Per the suit, consumers view olive oil, on the other hand, as healthy and able to confer various health benefits. As a result, demand for olive oil has increased to the point that its sales now exceed those of all other vegetable oils combined, the complaint relays.
According to the lawsuit, Unilever has attempted to market its Hellmann’s mayonnaise “With Olive Oil” to Americans seeking to “consume traditional foods but with ingredients known for providing health benefits, like olive oil.” The suit says the “With Olive Oil” representation, along with pictures of olives and green packaging, gives the impression that the mayo contains a significant amount of olive oil relative to the other vegetable oils used in the product.
The ingredients list, however, reveals that olive oil exists in the mayo in “a smaller amount than expected,” and that the most predominant oil ingredient is soybean oil, according to the complaint.
The lawsuit contends that the amount of olive oil used in the Hellmann’s mayonnaise is “de minimis and is insufficient to confer any of the health benefits associated with olive oil.”
Per the case, consumers would not have purchased the Hellmann’s mayo, or would have paid less for it, had they known the product contained less olive oil than advertised.
The lawsuit looks to cover anyone in New York, Arkansas, Iowa, Utah or Montana who purchased Hellmann’s mayonnaise “With Olive Oil” during the applicable statute of limitations period.
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