Heinz Sued in Trans Fat False Marketing Class Action Lawsuit

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A false marketing class action lawsuit hit H.J. Heinz Co. on June 18, alleging the food processing company made false marketing claims that their brand name frozen French fries and tater tots did not contain trans fats, even though these products allegedly contain high levels of this ingredient.

Plaintiff Troy Backus filed this Heinz class action lawsuit in California federal court, claiming that the tater tots and French fry products sold under Heinz’s Ore Ida Extra Crispy brand name allegedly contained partially hydrogenated oils (made up of trans fats), but claimed on the products’ marketing and labeling that these product had “0 trans fat.”

According to the Heinz false marketing class action lawsuit, “Defendant’s conduct is especially egregious because French fries and tater tots, classic American snacks, contain no trans fat and do not pose the serious health consequences associated with Easy Fries and Easy Tater Tots. Moreover, the 0g Trans Fat claim is an unauthorized nutrient content claim.”

Backus claims in the Heinz class action lawsuit that trans fat substitutes are commonly used in many products and are considered safe. In fact, Heinz’s own Ore Ida Extra Crispy Fast Food Potatoes contain no trans fats, so it is possible for the company to manufacture such food products. However, the plaintiff claims that in April of this year, he learned that Heinz tater tot and French fry products were allegedly falsely marketed as trans fat free.

Backus argues, “Although commercially viable alternative formulations and substitutes for PHO were and are available, defendant elects not to use them in Easy Fries and Easy Tater Tots in order to increase its profits,” the false marketing class action lawsuit states.

This Heinz class action lawsuit was filed on the heels of an announcement by the FDA, mandating processed-food manufacturers like Heinz to stop using partially hydrogenated oils in their products within the next three years.

According the June 16 announcement, the agency states that although partially hydrogenated oils were previously designated as “generally recognized as safe,” the compound has since found to be unfit for that category. This FDA announcement finalized a decision they had reached concerning partially hydrogenated oils, and have allowed a three-year window for companies like Heinz to reformulate their processed food products.

The FDA is not the first government group to ban the use of trans fats. Back in 2006, New York state government banned the use of trans fats in food products. In 2008 California also banned the substance.

Heinz is not the only company to be slapped with a false marketing class action lawsuit over its use of trans fats. Earlier this month, ConAgra Foods Inc. was also sued in a class action lawsuit over allegations that the company hid artificial trans fats in Crunch ‘n Munch (their brand name caramel popcorn), when the products label claimed it was free of trans fats.

The plaintiff is represented by Gregory S. Weston of The Weston Firm.

The Heinz False Marketing Class Action Lawsuit is Backus v. H.J. Heinz Co., Case No. 3:15-cv-02738, in the U.S. District Court for the Norther District of California.