Benecol contains trans fats despite label representations that state otherwise, according to a recent class action lawsuit.
Benecol is a butter-like spread which is advertised as containing “no trans fat” and “no trans fatty acids.”
Additionally, Benecol packaging prominently claims that the product is “proven to reduce cholesterol,” giving the impression that it is good for heart health.
For heart-conscious consumers, a lack of trans fats is extremely important. These fats have been shown to cause cardiac problems such as increased risk for coronary heart disease, increased cholesterol levels, and more.
The Benecol class action states that in June 2015, partially hydrogenated oils were found to be unsafe by the U.S. Food and Drug Administration (FDA). This classification was due in part to findings that the oils resulted in “an increased risk of coronary heart disease by contributing to the buildup of plaque inside the arteries that may cause a heart attack” due to their trans fat content.
Despite findings that partially hydrogenated oils are unsafe, Benecol allegedly uses partially hydrogenated soybean oil. Because partially hydrogenated soybean oil always contains trans fats, Benecol’s claims of containing “no trans fat” are false and misleading, the class action states.
These reportedly false representations have resulted in a class action lawsuit against Johnson & Johnson, Benecol’s manufacturer.
Plaintiff Matthew Chamlin claims that he’s purchased both Benecol Regular and Benecol Lite spreads for personal use. He says he reviewed the Benecol packaging and relied on representations that the products did not contain trans fats.
“In reliance on these representations and warranties, Plaintiff Chamlin paid a tangible increased cost for Benecol Spreads, which were worth less than represented because Benecol Spreads do, in fact, contain trans fats and are not generally recognized as safe for human consumption,” the Benecol class action lawsuit claims.
Chamlin says he and other consumers did not get their money’s worth when purchasing Benecol spreads due to the fact that the spreads are marketed with false advertising.
He claims that he may not have purchased the products had he known ahead of time that they contained partially hydrogenated soybean oil, an ingredient not recognized to be safe for human consumption.
Johnson & Johnson has faced numerous lawsuits regarding their Benecol spread over the years. Another New Yorker filed a class action lawsuit against the company in May 2017, claiming that the false marketing for the spreads was unlawful.
Chamlin seeks to represent a Class of consumers in all states except California who purchased Benecol spreads. Chamlin also seeks to represent a subclass of consumers from New York who purchased Benecol spreads.
The Benecol class action lawsuit seeks compensatory damages, statutory damages, punitive damages, restitution, injunctive relief, interest, court costs, and attorneys’ fees.
Chamlin and the proposed Class are represented by Scott A. Bursor, Joseph I. Marchese, Frederick J. Klorczysk III, and Neal J. Deckant of Bursor & Fisher PA.
The Benecol Trans Fat Class Action Lawsuit is Chamlin v. Johnson & Johnson, et al., Case No. 1:19-cv-03852-UA, in the U.S. District Court for the Southern District of New York.
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