Judge Tosses Coffee-mate Creamer Trans Fat Class Action Lawsuit

Earlier this week, a California federal judge granted Nestlé USA Inc.’s motion to dismiss a class action lawsuit alleging it falsely advertised its Coffee-mate creamers as having no trans fats, finding that the plaintiff’s claims were preempted by U.S. Food and Drug Administration regulations.

Plaintiff Troy Backus initially filed the false advertising class action lawsuit against Nestlé in May 2015, and filed the amended class action lawsuit in June. He alleges that Nestlé manufactures, markets and sells Coffee-mate creamers that contain partially hydrogenated oil, an artificial form of trans fat.

Backus claims that Nestlé acted unlawfully by using partially hydrogenated oil in its Coffee-mate creamers even though safer alternatives are available. Further, the Coffee-mate creamer class action lawsuit accuses Nestlé of falsely marketing the creamers as having “0g Trans Fat” even though the products contain partially hydrogenated oil.

The Coffee-mate class action lawsuit asserted causes of action under California’s Unfair Competition Law, Consumer Legal Remedies Act and breach of express warranty. Backus sought to represent a Class of all consumers in the United States who purchased Coffee-mate products that contained partially hydrogenated oil or which were labeled as having “0g Trans Fat” on or after Jan. 1, 2006.

Nestlé sought to dismiss the class action lawsuit because the claims were allegedly preempted by the federal Food, Drug, and Cosmetic Act, which prohibits companies from introducing products into interstate commerce if the food additive is considered unsafe under federal law. “A food additive is deemed ‘unsafe’ unless, for purposes relevant here, it complies with ‘a regulation … prescribing the conditions under which such additive may be safely used,’” the court documents state.

“Under the Supremacy Clause of the United States Constitution, federal law preempts state law when ‘(1) Congress enacts a statute that explicitly pre-empts state law; (2) state law actually conflicts with federal law; or (3) federal law occupies a legislative field to such an extent that it is reasonable to conclude that Congress left no room for state regulation in that field,” the order dismissing the Coffee-mate class action lawsuit explains.

According to the trans fats class action lawsuit, the FDA has determined that partially hydrogenated oils are not generally recognized as safe for use in foods meant for human consumption. However, U.S. District Judge Maxine Chesney found that the federal agency has given food manufacturers three years to phase out the use of trans fats in their products.

Judge Chesney also found that, under federal law, manufacturers are allowed to include the “0g Trans Fat” claim on a label as long as the product contains less than half a gram of trans fat. She determined that Backus could not allege in his Coffee-mate class action lawsuit that the label was false or misleading because the label complies the current FDA regulations.

Backus asked the court to allow him to file another amended Coffee-mate class action lawsuit, but Judge Chesney declined to grant his request after finding that “amendment would be futile” because his state law claims are preempted by federal law. She found that there was no way his trans fats class action lawsuit could proceed without undermining federal regulations.

Backus is represented by Gregory S. Weston of the Weston Firm.

The Nestlé Coffee-Mate Creamer Trans Fat Class Action Lawsuit is Troy Backus, et al. v. Nestlé USA Inc., Case No. 3:15-cv-01963, in the U.S. District Court for the Northern District of California.