Benecol Spread Class Action Lawsuit

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A federal class action lawsuit claims that Johnson & Johnson and McNeil Nutritionals falsely advertise that their Benecol Spread and Benecol Light Spread are “proven to reduce cholesterol.”

Benecol is a margarine-like spread that contains vegetable oils, and is marketed as Proven to Reduce Cholesterol because it contains plant stanol esters, a group of chemical compounds believed to reduce the level of low-density lipoprotein (LDL) cholesterol in blood when ingested under the correct circumstances. According to the Benecol class action lawsuit, however, there are “no studies demonstrating that plant stanol esters have an impact on population-based CHD morbidity and mortality rates.”

The Benecol class action lawsuit goes on to say that the Food and Drug Administration approved a detailed and highly qualified health claim for foods containing at least 1.7g of plant stanol esters per serving. Benecol, however, contains only 0.85g plant stanol esters per serving and “does not qualify to display the FDA-approved health claim…Nevertheless, for over a decade, Johnson & Johnson has packaged Benecol with an improper plant stanol health claim, rendering Benecol misbranded under the Federal Food, Drug Cosmetic Act.”

To put the final nail in the coffin, the Benecol Spread class action lawsuit points out that Benecol is made with partially hydrogenated vegetable oil (PHVO) containing artificial trans fat, “a toxic food additive that, in the amounts present in Benecol, negatively affects blood cholesterol levels to a greater degree that any positive effect associated with plant sterol esters in the product.”

So in addition to lying about the fact that Benecol is proven to reduce cholesterol, “Johnson & Johnson also lies when it tells consumers Benecol contains No Trans Fat, and No Trans Fatty Acids, because every product made with PHVO contains trans fat,” the class action lawsuit says.

The Benecol Spread class action lawsuit is seeking restitution for a proposed class of all persons who purchased Benecol Spread or Benecol Light Spread on or after January 1, 2000 in the United States for their own or household use. It is also seeking injunctive relief for a proposed class of all persons who commonly purchase or are in the market for Benecol Spread or Benecol Light Spread in the United States for their own or household use.

A copy of the Johnson & Johnson Benecol Spread Class Action Lawsuit can be read here.

The case is Robert Reid, et al. v. Johnson & Johnson and McNeil Nutritionals, LLC, United States District Court, Southern District of California.

UPDATE: According to court documents filed on July 9, 2015, the parties have agreed to settle the Benecol class action lawsuit.