Boar’s Head Hit with Class Action Over Low Sodium Claims

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Boar’s Head Hit with Class Action Over Low Sodium Claims

By Anne Bucher

A putative class action lawsuit has been filed against Boar’s Head Provisions Co. over allegations that the deli meat producer’s misleading “reduced sodium” label violates New York law governing deceptive acts and practices.

According to the Boar’s Head class action lawsuit, some of Boar’s Head’s low-sodium products contain the same amount of sodium as traditional deli meats. The plaintiffs also allege that the company exaggerates some of its sodium reduction figures by more than 10 percent.

“Defendant has made eating healthy and lower sodium a focal point of its marketing campaigns,” the class action lawsuit states. “Ironically, one of defendant’s current ad campaigns encourages consumers to ‘trust’ the brand.”

On the Boar’s Head website, the company urges customers to “Pile on the flavor, not the salt.” The company’s website also states: “Lowering Your Sodium Intake . . . An important step is to read nutrition labels and compare the sodium content of similar food.” The Florida-based company produces meats, cheeses and condiments to delis and grocery stores. Its slogan is “Compromise Elsewhere.”

Scott Mackles, the lead plaintiff in the Boar’s Head class action lawsuit, claims that he selected the Boars’ Head reduced-sodium products, believing that the meats contained less sodium than their regular counterparts. While at a deli counter, he picked up a Boar’s Head brochure that listed its company’s low-sodium turkey products had nearly the same amount of sodium as regular turkey products.

When Mackles contacted Boar’s Head to inquire about the sodium levels, he was told that the product labels had been approved by the U.S. Department of Agriculture (USDA). Not satisfied with this explanation, Mackles sent a Freedom of Information Act request to the USDA. In his class action lawsuit, Mackles claims that a USDA representative told him that, while companies must have their product labels approved by the federal agency, the companies are responsible for assuring the accuracy of their product labels.

In his class action lawsuit, Mackles identifies the putative Class Members as all consumers of Boar’s Head low-sodium products. He takes particular issue with the following Boar’s Head products: Golden Catering Style Oven Roasted Turkey Breast – 47% Lower Sodium, Premium 47% Lower Sodium Oven Roasted Turkey Breast – Skinless, Hickory Smoked Black Forest Turkey Breast 40% Lower Sodium and Branded Deluxe Ham 42% Lower Sodium. He has requested a jury trial.

Mackles is seeking an injunction requiring Boar’s Head to comply with New York law. While Mackles is not requesting a specific amount of damages, state law allows for payment of actual damages or $50 for harm caused by deceptive advertising. A judge is also authorized to triple damages to maximum of $1,000 and assess attorneys’ fees.

The putative members of the Boar’s Head sodium class action lawsuit are represented by Jeffrey Squire and David Stone of Bragar Eagel & Squire PC.

The Boar’s Head Deceptive Advertising Class Action Lawsuit is Scott Mackles v. Boar’s Head Provisions Co. Inc., Case No. 13-cv-04855, in the U.S. District Court for the Southern District of New York.

Updated July 23rd, 2013

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