Fast Bites Sandwiches Targeted In Trans Fat Class Action Lawsuit

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A California consumer has recently filed a class action lawsuit against AdvancePierre Foods Inc., makers of Fast Bites sandwiches. The class action lawsuit claims the company puts profits ahead of people’s health with their decisions to use partially hydrogenated oils (PHO) in their microwave sandwiches in lieu of healthier alternatives.

Plaintiff Shonda Hawkins asserts that AdvancePierre violated California’s Unfair Competition Law by incorporating partially hydrogenated oils, which have been banned in many parts of the world due to their trans fat content, in their foods to have an advantage over their competition.

According to the Fast Bites sandwich class action lawsuit, “Now that its toxic properties are known, few food companies continue to use PHO. Defendant, however, has decided not to follow its more responsible peers and cease using PHO, instead unfairly placing its profits over public health.”

In June, the U.S. Food and Drug Administration decided to eventually ban partially hydrogenated oils as an additive because they are no longer generally recognized as safe. Certain foods contain trans fats naturally, such as in meat and dairy products, as well as other oils, but the ban will focus on products that have trans fat as an artificially produced additive that companies intentionally adds to their food products.

Companies will have a three-year compliance period to eventually phase out the use of partially hydrogenated oils in their food products.

Hawkins says she had consumed the Fast Bites sandwich products for several years and after hearing about the FDA ban this year, she began to consider the use of trans fats in the foods she was consuming. She alleges she suffered personal injury as a result of repeatedly consuming Fast Bites, “because consuming 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 Fast Bites sandwich class action lawsuit explains a number of health conditions that have been linked to partially hydrogenated oils. Most people are aware that trans fats are linked to cardiovascular disease due to their negative effects on heart health. Other diseases that are linked to PHO consumption reportedly include type-2 diabetes, breast, prostate and colorectal cancers, Alzheimer’s disease, cognitive decline and organ damage.

Hawkins’ class action lawsuit seeks to certify a nationwide Class of all individuals who have purchased microwavable sandwiches made by AdvancePierre that contain partially hydrogenated oil on or after Jan. 1, 2008. The nine Fast Bites frozen sandwich products included in the class action lawsuit are: Sausage and Chicken Biscuit, Mini Chicken Sandwich, Spicy Chicken Sandwich, Rib Sandwich, BBQ Rib Sandwich, Chili Cheese Hotdog, Mini Cheeseburger, Fish and Cheese Sandwich and Chicken Sandwich.

The Fast Bites class action lawsuit brings forth two violations of California Unfair Competition Law, nuisance and breach of implied warranty of merchantability.

On behalf of herself and the potential Class, Hawkins seeks a cease and desist from AdvancePierre so they no longer use trans fats in Fast Bites, award of Plaintiff and Class members restitution, actual and punitive damages, disgorgement of benefits and unjust enrichment, and to pay for costs, expenses and reasonable attorney fees.  Hawkins also seeks to have AdvancePierre launch a corrective advertising campaign as well.

Hawkins is represented by Gregory S. Weston and David Elliot of The Weston Firm.

The Fast Bites Sandwich Class Action Lawsuit is Hawkins v. AdvancePierre Foods Inc., Case No. 3-15-cv-02309, in the U.S. District Court for the Southern District of California.

UPDATE: On May 11, 2016, Hawkins asked a federal judge not to dismiss the trans fat class action lawsuit, arguing that a new federal law that temporarily prohibits partially hydrogenated oils from being deemed unsafe should not be applied retroactively to this litigation.