Cottage Inn class action claims broth falsely advertised as containing no MSG

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Cottage Inn broth class action overview: 

• Who: Two consumers are suing Del Monte over its Cottage Inn broths and stocks.
• Why: The plaintiffs allege that some of the company’s broths and stocks are misleadingly labeled as containing “No MSG.”
• Where: The Cottage Inn broth class action was filed in a California federal court.
• What are my options: Try Gopuff to find alternatives to Cottage Inn broth.

Del Monte must face class action claims that a variety of its Cottage Inn broth and stock products are misleadingly labeled as containing “No MSG,” a California federal judge has ruled. 

On March 28, U.S. District Judge Jon S. Tigar ruled to dismiss some claims against Del Monte, but kept others alive, including the plaintiffs’ claim for damages.

Plaintiffs Libby Gatling-Lee and Elena Nacarino originally filed the class action lawsuit against Del Monte on Feb. 11, 2022, suing for violations of state consumer laws and breach of warranty.

Del Monte “makes, labels, markets, distributes, and sells” a variety of products, “including College Inn cooking broths and stocks,” that are labeled “No MSG,” the plaintiffs say. The products in question include College Inn Chicken Broth, Chicken Bone Broth, Chicken Stock, Turkey Broth, Mushroom Stock and Garden Vegetable Broth. 

They say the products contain yeast extract, which is an example the U.S. Food and Drug Administration FDA “provides on its website of added [free glutamate] ingredients that make a ‘No MSG’ claim misleading.” 

Del Monte knew its packaging was misleading, plaintiffs say

The plaintiffs allege Del Monte knowingly misrepresented its products as containing “No MSG.” 

Del Monte sought to dismiss the complaint, arguing the plaintiffs did not have standing, the FDA had primary jurisdiction over their claims, the packaging would not mislead a reasonable consumer and the company did not have an implied warranty with the consumer. 

Judge Tigar did not agree with the company’s argument that the plaintiffs did not lack standing, nor did he agree with the argument that the claims invade the primary jurisdiction of the FDA. He denied the motion to dismiss on these grounds.

The court did dismiss the plaintiffs’ breach-of-warranty claims, as they did not state which state law they were bringing the claims under; however, the judge gave leave to refile. The claim for injunctive relief was also dismissed, as well as claims for equitable relief and remedies. 

However, the judge found the plaintiffs have “sufficiently pleaded a prayer for punitive damages” because they alleged Del Monte intended for people to rely upon its “No MSG” labels, knowing the statements were false and misleading but using the “No MSG” representations anyway.

Meanwhile, Campbell Soup Co. and Nissin Foods (U.S.A.) Co. Inc. are facing class action lawsuits alleging they deceptively label their products as containing “No Added MSG.” 

What do you think of the allegations in this case? Let us know in the comments. 

The plaintiff is represented by Dovel & Luner LLP and Broslavsky & Weinman LLP.

The Del Monte Foods class action lawsuit is Libby Gatling-Lee, et al. v. Del Monte Foods Inc., Case No. 3:22-cv-00892, in the U.S. District Court for the Northern District of California.

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