Parties file to dismiss Kerrygold lawsuit over ‘pure’ branding

Update: 

• A consumer who sued Kerrygold alleging its butter is not “pure” Irish butter because the packaging may include forever chemicals agreed to drop the case. 
• U.S. District Judge Frederic Block dismissed the case with prejudice Aug. 14, citing a joint filing by the consumer and Ornua Foods North America Inc., the company that owns Kerrygold. 
• The filing did not explicitly mention a settlement agreement, and both sides agreed to pay their own attorney fees, the judge says.
• Plaintiff Carolyn Winans first filed the class action lawsuit against Ornua Foods North America Inc. Feb. 14, 2023, in a New York federal court, alleging violations of state and federal consumer laws.

Kerrygold Irish butter class action: 

• Who: A butter consumer sued Ornua Foods North America Inc.
• Why: The plaintiff says the company’s Kerrygold Irish butter contains “forever chemicals.”
• Where: The Kerrygold Irish butter class action lawsuit was filed in a New York federal court.

(Feb. 17, 2023)

A butter consumer sued Ornua Foods North America Inc. alleging its Kerrygold Irish butter can contain harmful “forever chemicals” in contrast to its “pure” advertising. 

Plaintiff Carolyn Winans filed the class action lawsuit against Ornua Foods North America Inc. Feb. 14 in a New York federal court, alleging violations of state and federal consumer laws.

Winans says Kerrygold Irish butter is prominently labeled as containing “pure Irish butter” when, in fact, it allegedly contains per- and polyfluoroalkyl substances (PFAS), a category of harmful synthetic chemicals.

“PFAS are a group of synthetic, man-made, chemicals known to be harmful to both humans and the environment,” the Kerrygold lawsuit says. “Because PFAS persist and accumulate over time, they are harmful even at very low levels.”

PFAs, or forever chemicals, have been linked to thyroid disorders, immunotoxicity and various cancers, the lawsuit claims.

Kerrygold butters should warn of PFAS potential, lawsuit says

According to the Kerrygold lawsuit, Ornua Foods should have warned consumers that its products could contain PFAs if it knew about it.

“Insofar as it made its way into the products by accident, it follows that it was due to poor manufacturing processes by either defendant and/or their agents,” the Kerrygold Irish butter class action states. “Further evidencing this fact, the defendant has issued a recall for the products.”

As a result of unknowingly consuming products containing PFAS, consumers have been harmed and overpaid for the products, the lawsuit alleges. 

Winans sued for violations of New York General Business Law, breach of express warranty, negligent misrepresentation and unjust enrichment. She seeks certification of the class action, damages, fees, costs and a jury trial and would like to represent anyone who bought the company’s Kerrygold Salted and Unsalted Butter Sticks.

In 2018, a consumer hit Kerrygold with a class action lawsuit alleging the company falsely advertised its products as being made by milk from “grass-fed” cows.

Have you bought Kerrygold Irish butter? Let us know your thoughts on this lawsuit in the comments! 

The plaintiff is represented by The Sultzer Law Group PC and Milberg Coleman Bryson Phillips Grossman PLLC.

The Kerrygold Irish butter class action lawsuit is Carolyn Winans, et al. v. Ornua Foods North America Inc., Case No. 2:23-cv-01198, in the U.S. District Court for the Eastern District of New York.

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