Suit Claims Simply Potatoes Products Deceptively Labeled
by Erin Shaak
Last Updated on May 8, 2018
Berger v. MFI Holding Corporation et al.
Filed: November 17, 2017 ◆§ 2:17-cv-06728
Post Holdings, Inc. and six subsidiaries have been named as defendants in a proposed class action lawsuit that alleges the parties deceptively label their Simply Potatoes products.
Post Holdings, Inc. and six subsidiaries have been named as defendants in a proposed class action lawsuit that alleges the parties deceptively label their Simply Potatoes products. The suit claims the defendants advertise that the potatoes are “Made with REAL Butter & Milk” and are “simple,” “nutritious,” and “wholesome.” Despite these claims, the plaintiff argues, the products also contain margarine, which the suit says was “conceived in a lab” and is made with genetically modified ingredients.
“No reasonable consumer,” the complaint reads, “would seek and purchase a product which [sic] touts the presence of ‘Real Butter’ if it were disclosed on the front label that the product also contained margarine.”
The suit claims the presence of margarine renders the defendants’ labeling of its products deceptive and misleading as it is targeted toward consumers who are seeking simple, healthy foods. According to the complaint, the defendants’ false labeling allows them to charge a premium price for Simply Potatoes compared to similar products containing artificial ingredients.
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