Courtney Jorstad  |  May 5, 2015

Category: Consumer News

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Coffee-mate-creamerNestle USA Inc. and General Mills, Inc. were both hit with class action lawsuits by the same plaintiff, alleging that some of their food products contain trans fats when safer ingredients could be used.

Plaintiff Troy Backus claims that General Mills makes baking mixes and Nestle makes coffee creamers that contain partially hydrogenated oil, which he says is “a food additive banned in many parts of the world because it contains artificial trans fat, a toxic carcinogen for which there are many safe and commercially acceptable substitutes.”

Backus alleges that partially hydrogenated oil “causes cardiovascular heart disease, diabetes, cancer, Alzheimer’s disease, and accelerates cognitive decline in diabetics.” And “there is ‘no safe level’ of artificial trans fat intake.”

Backus claims in his class action lawsuits that he has purchased General Mills’ baking mixes and Nestle’s creamers, which allegedly contain trans fats several times in recent years, and that he didn’t know until March and April, respectfully, that those products contained trans fats.

The General Mills baking mixes at issue in the trans fats class action lawsuit include brands such as Duncan Hines, Pillsbury, Ghirardelli, Immaculate, and Krusteaz.

The coffee creamers sold by Nestle, which allegedly contain trans fats include its line of Coffee-Mate creamers.

However, in the case of the Coffee-Mate creamers, Backus explains, Nestle “marketed the Trans Fat Creamers products with the claim ‘0g Trans Fat’ prominently displayed on the front of the products’ packaging.”

He alleges that “this language was part of an intentional campaign to deceptively market the Trans Fat Creamers as healthful.”

According to the trans fat class action lawsuit, “while ‘the [Institute of Medicine] sets tolerable upper intake levels (UL) for the highest level of daily nutrient intake that is likely to pose no risk of adverse health effects to almost all individuals in the general population[,] . . . the IOM does not set a UL for trans fatty acid because any incremental increase in trans fatty acid intake increases the risk of [coronary heart disease].

Backus cites other researchers and scientists who also warn against consuming trans fats.

“From a nutritional standpoint, the consumption of trans fatty acids results in considerable potential harm but no apparent benefit,” Dariush Mozaffarian of Harvard Medical School wrote in the New England Journal of Medicine in 2006 about the link between trans fats and heart disease, according to the class action lawsuit.

The former director for the Centers for Disease Control and Prevention Dr. Julie Louise Gerberding also warned against consuming trans fats.

“The scientific rationale for eliminating exposure to artificial trans fatty acids in foods is rock solid,” Gerberding wrote. “There is no evidence that they provide any health benefit, and they are certainly harmful. These compounds adversely affect both low- and high density lipoprotein cholesterol levels and increase the risk for coronary heart disease, even at relatively low levels of dietary intake.”

Trans fats were banned in restaurant and school food in California in 2008. New York City, Philadelphia, Baltimore, and a few other cities in the United States also have trans fats bans. There are also bans in some countries in Europe, South America and other countries around the world.

Backus is looking to represent a nationwide class of customers who purchased Coffee-Mate products made by Nestle from Jan. 1, 2008 “containing the labeling claim ‘0g Trans Fat’ and containing partially hydrogenated oil.”

He also wants to represent a nationwide class of consumers who bought boxed baking mixes made by General Mills during the same time period.

He is charging General Mills with violating the California Unfair Competition Law, nuisance and breach of implied warranty of merchantability. Nestle is charged with also violating the California Unfair Competition Law, the California False Advertising Law, the California Consumer Legal Remedies Act, breach of express warranty and breach of implied warranty of merchantability.

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

Counsel information for the defendants wasn’t immediately available.

The Trans Fats Class Action Lawsuits are Troy Backus et al. v. General Mills Inc. et al., Case No. 3:15-cv-01964, and Troy Backus et al. v. Nestle USA Inc., Case No.3:15-cv-01963, in the U.S. District Court for the Northern District of California.

UPDATE: On Mar. 8, 2016, a California federal judge granted Nestlé’s motion to dismiss a class action lawsuit alleging it falsely advertised its Coffee-mate creamers as having no trans fats.

UPDATE 2: On April 13, 2018, in an effort to dismiss, General Mills recently told a federal court that a trans fat class action lawsuit they face is “unmistakably” preempted.
UPDATE 3: On Dec. 10, 2018, a California federal judgethrew out a class action lawsuitalleging that General Mills baking mixes are unsafe because they contain trans fats.

 

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72 thoughts onGeneral Mills, Nestle Hit With Trans Fats Class Action Over Mixes, Creamers

  1. Lisa Ubabuko says:

    I have used coffee mate and still use coffee mate creamer for over 20 plus years .

  2. Karry Weislogel says:

    I’ve been using these for years. Will you please add me

  3. Teresa says:

    I have used Coffee Mate for the last 12 years. After reading this I think it might be why I am having a lot of trouble with cholesterol levels. I only eat vegetables , and drink coffee with just coffee mate in it.

  4. Top Class Actions says:

    UPDATE: On Mar. 8, 2016, a California federal judge granted Nestlé’s motion to dismiss a class action lawsuit alleging it falsely advertised its Coffee-mate creamers as having no trans fats.

  5. Ronda says:

    Been using Nestle Coffee Mate for years. I have now after reading this, am not happy.

  6. Barbara says:

    I use Duncan Hines and Coffee Mate. Both General Mills and Nestle are longstanding companies we have put our trust in. How sad to lose that trust.

  7. David says:

    I use this stuff daily! Been using it for maybe 10 years now. My mother in law died of Alzheimers/Lewy Body Dementia two years ago, she had been using these products for many years. I am horrified at the thought that this might have contributed to her illness and how she passed. Information on any class action would be appreciated.

  8. Venita says:

    I have used Coffee Mate for years thinking it was safer than cream. I also baked all my cakes using Duncan Hines cake mixes.

  9. Lesley Dowden says:

    I have been using Coffee Mate every morning for years. I love the flavor and hope the changes will not change that. To have it less fatty is always the right approach. Thanks for the heads up.

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