Lawsuit: Stop & Shop’s ‘Real Milk & Butter’ Mashed Potatoes Misleadingly Contain Margarine
Last Updated on May 8, 2018
Louis v. Stop & Shop Supermarket Company Llc
Filed: April 15, 2018 ◆§ 1:18cv2221
A class action argues no reasonable consumer would expect Stop & Shop-brand mashed potatoes to contain margarine given the product's 'homestyle' description.
The “Made with Real Milk & Butter” claim on Stop & Shop’s ready-to-eat mashed potatoes is the subject of a proposed class action lawsuit filed in New York. According to the complaint, Stop & Shop’s labeling of its mashed potatoes is misleading in that while butter is front-and-center in the company’s marketing, the product also contains margarine, which the lawsuit claims no reasonable consumer would expect given the defendant’s “real milk and butter” boast.
The alleged inclusion of margarine nullifies Stop & Shop’s “homestyle” description of its store-brand potatoes, the case argues, as most people are accustomed to butter and margarine being kept separate.
“To the extent reasonable consumers consume butter and margarine, this would only be done in separate foods (i.e., butter for baking muffins, margarine for preparing vegetables), instead of using a bit of each within the same food,” the complaint insists.
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