Country Crock Plant Butter Made With Olive Oil Is Deceptively Marketed, Class Action Alleges

Country Crock Plant Butter Class Action Lawsuit Overview:

• Who: A consumer is suing Upfield US over one of its vegetable oil spreads 
• Why: The consumer says the company’s “Plant Butter Made With Olive Oil” is deceptively marketed as being different from margarine, when it’s almost identical
• Where: The class action lawsuit was filed in a New York federal court

Upfield US markets its Plant Butter Made With Olive Oil as being a healthy, plant-based alternative to margarine, when really “the differences between the products are minimal,” a new class action lawsuit alleges.

Plaintiff Duval Clemmons filed the class action complaint against Upfield Jan. 14 in a New York federal court, alleging violation of federal warranty laws, fraud, negligent misrepresentation and breaches of state consumer laws. 

According to Clemmons’ complaint, consumer analytics brief the Mintel Report examined how margarine brands can “establish a healthier profile” by incorporating alternative oils like olive oil to meet consumer demand.

In response to the consumer preferences stated in the report, Upfield US introduced “Country Crock Plant Butter – Made With Olive Oil,” that instead of having the 80% fat of margarine, has 79% fat. The packaging is covered in olives and olive branches.

‘Minimal’ Difference in Country Crock Plant Butter and Margarine, Class Action Lawsuit Claims

“However, the differences between the ingredients in the product and margarine are minimal,” Clemmons says in the complaint. 

According to the complaint, Upfield is taking advantage of consumer demand for “plant-based” foods and high valued ingredients known to have health benefits, like olive oil.

The product is not as natural as customers would expect, as the mix of vegetable oils in the product are subject to chemical reactions in the presence of chemical catalysts, he alleges.

As part of his complaint, Clemmons includes comment from Professor Scott Rankin, chair of the food science department at the University of Wisconsin, Madison, who says margarine and the contested product are “indistinguishable, but for the presence of olive oil in the latter, and slight differences in fat and calories.”

Not only that, Professor Rankin reportedly stated that the product is twice as calorie-dense as its less trendy cousin, margarine, due to an increased concentration of saturated fat.

Clemmons is looking to represent anyone in New York who purchased the product, plus a Multi-State Class from Michigan, Montana, Rhode Island, Georgia, North Dakota, Virginia, South Dakota, and Oklahoma, 

He’s seeking certification of the class action lawsuit, an injunction, damages, fees, costs and jury trial. 

This is not the first time margarine has been at the center of a class action lawsuit. In 2019, Post Holdings Inc. faced a class action lawsuit claiming that the “made with real butter” labeling on its “Simply Potatoes” product is deceptive because the product is made with both butter and margarine,

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

The Upfield U.S. Olive Oil Butter Class Action Lawsuit is Duval Clemmons, v. Upfield US, Case No. 1:22-cv-00355 in the U.S. District Court Southern District of New York Manhattan

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