Bob Evans Mashed Potatoes Class Action Dismissed

A federal judge recently tossed a class action alleging Bob Evans Mashed Potatoes are falsely advertised as being made with fresh potatoes and real butter.

According to the New York judge who dismissed the complaint, the mere presence of canola oil and the act of processing the product before sale do not make the manufacturer’s advertising claims about its content misleading.

Lead plaintiff Boubacar Sarr claimed in the Bob Evans Mashed Potatoes class action lawsuit that the product used a butter blend that, while included butter, also included monoglycerides, natural flavor, salt, milk, and soybean and canola oils.

Sarr also took issue with representations that the potatoes used in the Bob Evans products were “fresh” despite having a three-month refrigerated shelf life due to added chemicals.

The product, manufactured by BEF Foods Inc., comes in several different varieties, including Original; Garlic; Sour Cream & Chives; Sweet Potatoes; Buttermilk Red Skin; Loaded; Savory Romano & Herb; and Broccoli & Cheese.

Sarr said that he and other consumers would not expect these other ingredients given the labeling on the product and would not have purchased or paid as much for the mashed potatoes had they known.

U.S. District Court Judge Allyne R. Ross points out in the recent dismissal order that the product’s ingredient list includes butter.

“First, the Mashed Potatoes do, in fact, contain real butter… In addition, the Mashed Potatoes’ ingredient list discloses that the product contains vegetable oils.”

Judge Ross also found that the class action lawsuit claims that BEF’s advertising its use of “fresh” potatoes was also not misleading to consumers despite the allegations against them.

“No reasonable consumer would conclude that the phrases ‘Made with Fresh Potatoes’ and ‘Made with 100% Fresh Potatoes,’ imply that the finished Mashed Potatoes product itself was ‘just prepared’ or lacking preservatives.”

The order points out that the product clearly requires processing before arriving at the store for sale.

“Further, no reasonable consumer would read the phrase ‘farm-fresh goodness’ and believe that the Mashed Potatoes arrived freshly from a farm; mashed potatoes is a cooked dish and obviously requires some amount of processing between the cultivation of its ingredients on a farm and its arrival on the dinner table. That brand-name packaging encases the Mashed Potatoes also signals that processing has occurred.”

The plaintiff will have the opportunity to amend the Bob Evans Mashed Potatoes class action lawsuit regarding some claims brought under state consumer protection laws.

Do you think consumers are misled by Bob Evans Mashed Potatoes “real” butter advertising claims? Tell us your opinion in the comments below!

The lead plaintiff is represented by Spencer Sheehan of Sheehan & Associates PC.

The Bob Evans Mashed Potatoes “Real” Butter Class Action Lawsuit is Sarr v. BEF Foods Inc., Case No. 1:18-cv-06409, in the U.S. District Court for the Eastern District of New York.

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