Protein Misrepresented in JM Smucker’s Uncrustables, Peanut Butter, Jelly, Class Action Lawsuit Alleges

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 Smucker’s Uncrustables Class Action Lawsuit Overview:

• Who: J. M. Smucker Company
• Why: The lawsuit alleges the company misleads consumers by falsely advertising the amount of protein in Smucker’s Uncrustables and other products  by as much as 140 percent.
• Where: The class action lawsuit wants to represent California consumers. 

M. Smucker Company, which sells food under the Smucker’s, JIF, Adams, Laura Scudders, and Sahale Snacks brands, misleads consumers by falsely advertising the amount of protein in Smucker’s Uncrustables, and other products, a new class action lawsuit alleges.

The class action suit was filed in California by lead plaintiff Molly Brown, who says the company overstates the amount of protein in some of its products by at least 20 percent, and possibly as high as 140 percent.

Ads for Smucker’s Uncrustables, Other Products False, Misleading

Smucker’s advertising and labeling of its products as containing specific amounts of protein per serving is “false, misleading, and intended to get consumers to purchase the products at a premium price, while ultimately failing to meet consumer expectations,” states the class action. 

In the past four years, Brown has bought a range of the company’s products, including peanut butter, Smucker’s Uncrustables Sandwiches in Peanut Butter and Grape Jelly, Peanut Butter and Strawberry Jam, and Peanut Butter and Honey flavors from various grocery stores.

“Ms. Brown made each of her purchases after reading and relying on the truthfulness of Defendant’s product label that promised the Products contained a specified amount of protein per serving on the front of the product package,” the Smucker’s Uncrustables lawsuit states.

“But on each of the Products she purchased, the Defendant misrepresented the protein content of the Products as containing more grams of protein than they actually contain, and as far more than they actually provide,” when adjusted by the Protein Digestibility Corrected Amino Acid, the lawsuit claims.

For example, Smucker’s labels its Peanut Butter & Strawberry Uncrustables Sandwiches as providing “6g protein.” However, based on amino acid content testing, the product contains only 5 grams – an overstatement by approximately 20 percent, the lawsuit alleges.

“Ms. Brown not only purchased the Products because the labels said that they contained a specified amount of protein per serving, but she also paid more money for the Products than she would have paid for a similar product that was not mislabeled regarding the number of grams of protein it contained.”

The class action lawsuit alleges Smucker’s is capitalizing on consumers’ increasingly health conscious choices, which includes an uptick in demand for products that are high in protein.

Smucker’s Uncrustables, Products Contain ‘Low-Value’ Protein

Brown further argues that Smucker’s uses proteins of low biological value to humans, such as peanuts, in its products. These types of protein provide even less protein per serving than amino acid content testing alone reveals. 

The plaintiff alleges that after adjusting the protein content based on protein type, the Smucker’s Peanut Butter & Strawberry Uncrustables Sandwiches provide only 2.5 grams of protein – making the package label an overstatement by approximately 140 percent.

Brown says consumers lack the ability to test or independently ascertain the truthfulness of the company’s food labeling claims, especially at the point of sale, and therefore the defendant’s misrepresentations cause plaintiff and members of the Class to “pay a price premium for the products.”

Brown wants to represent a Class of California consumers. She is suing for violation of the Consumers Legal Remedies Act, and violation of the state Business and Professions code. She seeks certification of the Class, damages, order of enjoinment, restitution, legal fees and costs, and a jury trial.

This is not the first time the company has been sued for misleading or falsely labeled food products. In 2014, a class action suit was filed against the JM Smucker Company that alleged the company labeled Uncrustables and Crisco shortening products with false health claims. 

Have you bought any Smucker’s products because of the protein listed on the label? Let us know.

The plaintiff is represented by Seth A. Safier and Marie McCrary of Gutride Safier LLP.

The Smucker’s Protein False Advertising Class Action Lawsuit is Brown v. The J. M. Smucker, in the U.S. District Court For The Northern District Of California.

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