I Can’t Believe It’s Not Butter! Class Action Alleges Product Contains Less Olive Oil Than Advertised

I Can’t Believe It’s Not Butter Olive Oil Class Action Lawsuit Overview:

• Who: An Illinois resident is suing Upfield US Inc., the maker of I Can’t Believe It’s Not Butter!
• Why: The plaintiff alleges the product contains much less olive oil than its label implies.
• Where: The class action lawsuit was filed in Illinois federal court.

An Illinois resident is suing Upfield US Inc. for its allegedly misleading labeling of its vegetable oil spread I Can’t Believe It’s Not Butter! represented as made “with olive oil.”

The plaintiff, Cassandra Ledezma, argues that Upfield “markets the product to the increasing numbers of Americans seeking… ingredients known for providing health benefits, like olive oil.”

The product’s packaging serves this purpose, she says, with colors of green and yellow, pictures of olives and the words “Good Fats From Plant-Based Oils,” “Contains Omega-3 ALA*” and “Simple Ingredients.”

These representations lead consumers to expect the product will contain a significant amount of olive oil, which is free from “additives or harsh processing” compared to “heavily refined” vegetable oils when in fact it contains much less olive oil than other oils, according to court documents.

I Can’t Believe It’s Not Butter! Ingredient List Shows Olive Oil As Fifth Ingredient After Other Oils

Looking at the ingredients list, olive oil is the fifth most predominant ingredient after water, soybean oil, palm kernel oil and palm oil. Not only do these more predominant vegetable oils “lack the health and nutritional attributes of olive oil, but the “amount of olive oil is insufficient to confer any of the health benefits associated with olive oil or deliver the taste of olive oil,” the complaint says.

The class action lawsuit also claims that the representation of being “plant-based” is misleading. 

“According to studies and surveys, many consumers erroneously believe that describing a food or beverage as ‘plant-based’ means the product contains only natural ingredients,” the complaint says, adding that the label statement “Simple Ingredients,” only encourages that false assumption. However, the product is not “natural” due to its vegetable oil ingredients being “highly refined and are subject to chemical reactions in the presence of chemical catalysts such as nickel and cadmium,” according to the lawsuit.

Ledezma seeks preliminary and permanent injunctive relief directing Upfield US to correct the challenged practices; restitution and disgorgement; monetary, statutory and/or punitive damages; and reasonable attorneys’ costs. 

Ledezma seeks to represent an Illinois class of all persons who bought the product during the statutes of limitations for each allegation and a consumer fraud multistate class that includes purchasers in Arkansas, Iowa, Wyoming, Texas, Nebraska, South Dakota, West Virginia, Utah, Idaho, Alaska and Montana.

The class action lawsuit brings allegations of violating consumer protection laws, fraud, breach of warranty, negligent misrepresentation and unjust enrichment.

Have you bought I Can’t Believe It’s Not Butter! products? What was your experience like? Tell us about it in the comments below!

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates, P.C.

The I Can’t Believe It’s Not Butter Olive Oil Class Action Lawsuit is Ledezma v. Upfield US Inc., Case No. 1:22-cv-01618, in the U.S. District Court for the Northern District of Illinois Eastern Division.

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