Lawsuit Claims Earth Balance Spread Contains Less Olive Oil than Label Represents

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A proposed class action claims that the “Made with Olive Oil” statement on packages of Pinnacle Foods’ Earth Balance vegetable oil spread is misleading to consumers given the product contains less olive oil than they expect.

The 15-page lawsuit says that consumers who view the “Made with Olive Oil” representation on the Earth Balance product’s label will expect there to be a “non-de minimis” amount of olive oil in the product compared to the amounts of other vegetable oils. The ingredients list, however, reveals that the spread contains a “smaller than expected amount” of olive oil, and that palm fruit, canola and safflower oil are the most predominant ingredients, the suit relays.

“The small relative and absolute amount of olive oil is misleading in light of the front label claim the Product is ‘Made With Olive Oil,’” the complaint contests.

According to the case, Pinnacle Foods markets its Earth Balance spread to customers “seeking to consume staple foods with ingredients known for providing health benefits, like olive oil.” Per the suit, olive oil contains high levels of heart-healthy fats and antioxidants and can help promote brain function, bone strength and balanced blood sugar.

The lawsuit argues that the “Made with Olive Oil” representation on the front label of the Earth Balance spread leads consumers to expect the product to contain a significant amount of olive oil. The ingredients list reveals, however, that the product’s first ingredient is a vegetable oil blend made of palm fruit, canola, safflower, extra virgin olive and flax oils, according to the complaint.

The case argues that the “small relative and absolute amount” of olive oil in the spread as compared to the other oils is misleading in light of the front-label “Made with Olive Oil” statement and insufficient to provide any of health benefits associated with olive oil.

The lawsuit claims that the value of the Earth Balance spread is less than its value as represented by the defendant, and argues that consumers would not have purchased the spread, or would have paid less for it, had they known of its true olive oil content.

The suit looks to cover anyone in Illinois, Arkansas, Iowa, Utah, West Virginia, Idaho, Alaska or Montana who purchased the Earth Balance product during the relevant statute of limitations period.

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