Judge Dismisses Kraft ‘Natural’ Sour Cream Class Action Lawsuit

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The New York federal judge overseeing a Kraft class action lawsuit based on claims that Daisy Brand sour cream was marketed deceptively has dismissed the case.

U.S. District Judge Raymond J. Dearie noted that use of the word “natural” on the sour cream products was not deceptive, stating that the claims of the plaintiff and proposed Class were based on speculation and conjecture.

The Kraft class action lawsuit was originally filed when lead plaintiff John Newton said that use of the word “natural” on labels was misleading for consumers since the cows who produced the dairy for that product could have been fed GMO products.

Newton also argued that the sour cream might have gone through an accelerated production process.

The district judge, however, states that these two claims alone are not enough to argue that the sour cream is bioengineered.

The opinion from the judge in the Kraft class action lawsuit was that the plaintiff’s arguments assumed too much about the application and meaning of the word natural.

The original motion to dismiss that Kraft class action lawsuit was filed in May 2017.

The Kraft class action lawsuit also included claims that the words “organic” and “natural” were viewed in the same light by a typical reasonable consumer, an argument that the lead plaintiff says should require foods with a “natural” label to meet the same standards as those outlined for organic food.

The response from the judge to that claim was that the FDA does not have outlined standards and a definition for the word “natural.”

Further, the judge says that Newton’s arguments in the Kraft class action lawsuit that the labeling was deceptive don’t measure up to the reasonable consumer test.

Since the products don’t contain binding agents, synthetic coloring, or artificial fillers, the allegation that the product confuses consumers fell short, according to the judge.

The plaintiff’s claim, according to the judge’s review, doesn’t make the argument that there are direct GMO products inside the sour cream, but rather that GMO products might have been consumed by the cows whose milk was used to make the product.

This, however, does not necessarily mean that the label is misleading and that reasonable consumers would be confused about what ingredients are in the product itself.

The Kraft class action lawsuit claimed that the makers of the sour cream products breached the Magnuson-Moss Warranty Act and New York General Business Law after the lead plaintiff purchased sour cream products made by Daisy.

Newton says he was under the impression that there were no GMO products used in the production of the sour cream products, a fact he relied upon when purchasing the items.

The plaintiff in the proposed Kraft class action lawsuit are represented by Melissa S. Weiner of Pearson Simon & Warshaw LLP.

The Kraft “All Natural” Sour Cream Class Action Lawsuit is John Newton v. Kraft Heinz Foods Company and Daisy Brand LLC, Case No. 1:16-cv-04578, in the U.S. District Court for the Eastern District of New York.