Chobani class action claims ‘Fair Trade’ representation misleads consumers

Chobani Fair Trade class action overview:

• Who: A New York consumer sued Chobani.
• Why: The customer says the yogurt manufacturer falsely represents its products as having a highly ethical supply chain
• Where: The Chobani class action was filed in New York federal court.

Chobani markets its products as being beneficial to farm workers and animals involved in its supply chain, but the company does not offer meaningful protections to either workers or animals, a new class action lawsuit alleges. 

Plaintiff Agnes Herceg filed the class action lawsuit against Chobani, LLC June 17 in a New York federal court, alleging violations of consumer laws.

She alleges that Chobani markets its products as being Fair Trade USA Certified, explicitly representing that its products adhere to the “highest standards” for workers and support safe animal care. 

“In stark contrast to its marketing representations, Chobani’s products do not represent the highest standards for workers, nor do they promote sustainable livelihoods or safe animal care,” the lawsuit alleges. “Far from it. Instead, its representations are false, without basis and are meant to deceive consumers.”

Chobani class action alleges Fair Trade USA not a high protection

Farm workers strongly oppose the Fair Trade USA certification due to its lack of meaningful protections and allege it falls short of the “highest standards” available to dairy workers under other programs, the Chobani class action alleges. 

It fails to improve key factors for sustainable livelihoods beyond the bare minimum under U.S. law and includes “no standards whatsoever” relating to animal care, Herceg says.

On product labels, Chobani prominently advertises that the Fair Trade USA Certified Products promote sustainable worker livelihoods and safe animal care, she says.

“Contrary to these advertisements, Chobani’s touted certification fails to protect its workers or its animals,” the lawsuit states. “Thus, Chobani’s advertising—which suggests that the Products’ certification signifies and ensures sweeping benefits for dairy workers and animals—is false and misleading.”

However, Chobani tells Top Class Actions that it has always prioritized its commitment to dairy farm families and workers.  

“Plaintiff does not—and could not—dispute that Chobani pays a premium to farms who meet Fair Trade’s audited standards, and those farms, in turn, invest in programs that benefit farm workers,” Chobani tells TCA. “We are disappointed that these efforts now serve as the basis for a frivolous lawsuit. Not only will we zealously defend against these baseless claims, we will continue working alongside our partners to best serve the dairy industry.”

Herceg looks to represent all consumers nationwide who bought Chobani products promising to have high standards for farmers and animals.

She’s suing under New York General Business Law and for breach of warranty and seeks certification of the class action, damages, fees, costs and a jury trial. 

Meanwhile, a pair of consumers say Chobani misled them and others into thinking their products utilized ethically produced milk using a “watered-down” standard in a class action lawsuit filed last year. 

What do you think of the allegations against Chobani? Let us know in the comments!

The plaintiff is represented by Kim E. Richman and Clark A. Binkley of Richman Law & Policy and Christopher Exbrook and Erika Pedersen of Esbrook P.C. 

The Chobani Class Action Lawsuit is Agnes Herceg v. Chobani, LLC, Case No. 7:22-cv-05137, in the U.S. District Court Southern District of New York.

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