Goetze’s Candy Class Action Lawsuit Says Caramels Contain Trans Fat

A California woman has filed a class action lawsuit claiming Goetze’s Candy Co. caramels illegally contain artificial trans fats.

Lead plaintiff Sabrina Silva alleges Goetze’s Candy Co. uses partially hydrogenated oil (PHO) in its Caramel Creams and Cow Tales candies.

According to Silva, “artificial trans fat is a toxin and carcinogen for which there are many safe and commercially viable substitutes.”

Silva’s Goetze’s Candy class action lawsuit says the Food and Drug Administration (FDA) determined in June 2015 that PHO is not safe for use in food. Even before this, though, PHO was outlawed under U.S. and California law.

Despite this, Silva says, Goetze’s Candy Co. continued to use the additive in the caramel candies.

“Although safe, low-cost, and commercially acceptable alternatives to PHO existed throughout the class period, GCC unfairly elected not to use these safe alternatives in Caramel Creams candy in order to increase profit at the expense of the health of consumers,” the class action lawsuit states.

Silva says she purchased the Goetze’s Candy Co. caramels about once every two months during the class period, meaning she and her children “consumed a dangerous amount of an illegal and dangerous food additive as a direct and foreseeable result of these purchases.”

She claims she didn’t know about the true extent of the dangers of PHO and, therefore, of consuming Goetze’s Candy Co. caramels, until May 2019.

The class action lawsuit presents a litany of health issues caused by PHO in food.

Allegedly, the artificial trans fat used in the candies raises the risk of cardiovascular disease by raising LDL levels and lowering HDL levels. 

The class action lawsuit cites a 1999 New England Journal of Medicine piece that said removing PHO from Americans’ diets would prevent up to 100,000 premature coronary deaths annually.

PHO also can cause type-2 diabetes by disrupting the body’s ability to regulate glucose and insulin, according to the class action lawsuit. Trans fats cause cell wall insulin receptors to “misform and malfunction,” elevating blood glucose levels and stimulating the release of more insulin. 

Silva’s class action lawsuit also claims that the artificial trans fats, like the one in Goetze’s Candy Co. caramels, have been shown to cause breast, colorectal and prostate cancer.

A 13-year study of nearly 20,000 French woman found 75% more women “contracted breast cancer in the highest quintile of trans fat consumption than did those in the lowest,” according to the class action lawsuit. And, in a 25-year study of nearly 15,000 American physicians showed that those “in the highest quintile of trans fat consumption” were more than twice as likely to develop prostate cancer than those in the lowest. 

Silva also claims trans fat can cause Alzheimer’s disease and cognitive decline.

Researchers conducting a study of 815 seniors in the Chicago area found those who consumed a greater amount of trans-unsaturated fats also had a greater risk of developing Alzheimer’s, according to the complaint.

Silva’s Goetze’s Candy class action lawsuit claims the PHO in the caramels can cause organ damage.

“Artificial trans fat molecules are readily incorporated into blood and organ cells in place of natural fat molecules, which damages vital organs, including the heart, brain, and reproductive system,” the class action lawsuit states. “Further, changing the chemical composition of cells induces systemic inflammation, where the immune system fails to recognize such cells as native to the body and becomes persistently overactive, leading to further organ damage.” 

The plaintiff says she was injured by Goetze’s Candy Co. because she purchased the caramels believing they contained safe and lawful ingredients, but instead ended up with products that “were detrimental to her health and were unfairly offered for sale in violation of federal and California law.”

She claims she lost money as result of Goetze’s Candy Co.’s conduct because she would not have purchased the caramels had the company not violated the law.

The plaintiff says she suffered physical injury by consuming the candy, “because consuming artificial trans fat in any quantity, including the quantity she actually consumed, inflames and damages vital organs and substantially increases the risk of heart disease, diabetes, cancer, and death.”

The proposed Class includes California consumers who purchased Goetze’s Candy Co. caramel candy products containing partially hydrogenated oil between Jan. 1, 2012, and Dec. 31, 2017.

The plaintiff seeks an order requiring the defendant to pay the cost of the Class notice, “not to exceed $100,000,” as well as damages and restitution in the amount of $2 million; pre- and post-judgment interest; and attorneys’ fees and costs not exceeding $2 million.

Have you purchased Goetze’s Candy Co. caramels? Did you know they contained trans fats? Tell us what you think in the comments.

The plaintiff is represented by Gregory S. Weston of The Weston Firm.

The Goetze’s Candy Class Action Lawsuit is Sabrina Silva v. Goetze’s Candy Company Inc., Case No. 4:20-cv-07143-KAW, in the U.S. District Court for the Northern District of California.

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