Benecol Spread False Advertising $2M Class Action Settlement

Update:

• This class action settlement is paying out $10.18 as of Feb. 21, 2023.

• Congratulations to everyone who filed a claim and got paid!

Consumers nationwide who purchased a Benecol spread advertised as containing no trans fats may be eligible to receive a payment of up to $20 without proof of purchase thanks to the recent $2 million false advertising class action lawsuit settlement.

Settlement Class Members include all customers who purchased a Benecol spread in the United States during the Class Period (Jan. 1, 2008, to Dec. 31, 2011).

Plaintiffs in a class action lawsuit allege Johnson & Johnson and McNeil Nutritionals committed false and misleading advertising in order to boost their profits. The plaintiffs argue the company’s Benecol spreads were advertised as containing “No Trans Fats” and “No Trans Fatty Acids.” Per the class action lawsuit, the plaintiffs say the Benecol spreads did actually contain trans fats. They point to the use of partially hydrogenated oils as proof.

The company denies the accusations of the plaintiffs and says the Benecol label is not misleading because it clearly identifies that the products have insignificant amounts of trans fats. 

The Court has not heard all the facts surrounding this class action settlement, so no determination of guilt or ruling was made. In an attempt to save money, time, and everyone’s effort, both the plaintiffs and defendants have decided the proposed settlement agreement is in everyone’s best interests.

Benecol Class Action Lawsuit Settlement Benefits

Class Members who do not have proof of purchase from when they bought the Benecol spread between Jan. 1, 2008, and Dec. 31, 2011, are eligible to receive up to $20, or $5 each for up to four tubs of the spreads. 

Class Members who do have proof of purchase can receive a full refund for as many tubs as they purchased. 

Proof may come in the form of a receipt or store loyalty card documentation and should establish the Class Member purchased the Benecol spread, how many they purchased, the date of purchase, and the purchase price.

Class Members who do not file a claim will remain a part of the Class but will not receive a payment. That means they will not be eligible to pursue future litigation regarding this matter. 

Class Members have the right to exclude themselves from the settlement, which means they’ll retain the right to seek out future lawsuits. 

The deadline for Class Members to exclude themselves or object to the Benecol spread false advertising settlement is Jan. 26, 2022.

A final hearing is scheduled for March 24, 2022.

Class Members who want to remain a part of the settlement Class and receive a payment must file a claim.

The deadline to file a claim in the Benecol false advertising settlement is Feb. 25, 2022.

Who’s Eligible

All customers who purchased a Benecol Spread in the United States during the Class Period (Jan. 1, 2008 to Dec. 31, 2011).

Potential Award

Varies.

Class Members who do not have proof of purchase are eligible to receive up to $20, or $5 each for up to four tubs of the spreads.

Class Members who do have proof of purchase can receive a full refund for as many tubs as they purchased.

Proof of Purchase

A receipt or store loyalty card documentation and should establish the Class Member purchased the Benecol Spread, how many they purchased, the date of purchase, and the purchase price.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

02/25/2022

Case Name

Joann Martinelli, et al. v. Johnson & Johnson, et al., Case No. 2:15-CV-01733-MCE-DB in the U.S. District Court for the Eastern District of California

Final Hearing

03/24/2022

Settlement Website

BenecolSettlement.com

Claims Administrator

Benecol Spreads Settlement
c/o JND Legal Administration
P.O. Box 91426
Seattle, WA 98111
1-888-921-1531
info@BenecolSettlement.com

Class Counsel

BURSOR & FISHER PA

Defense Counsel

O’MELVENY & MYERS LLP