Safeway Class Action Says 100% Parmesan Contains Wood Pulp

Two consumers filed a proposed class action lawsuit in the Superior Court of California against Safeway Inc. alleging that its company-branded Parmesan cheese is falsely advertised and contains cellulose.

Plaintiffs Rebekah Prewitt and Lauren Barry claim that Safeway engaged in mislabeling and false advertising of the Safeway-branded “Signature Kitchens 100% Grated Parmesan” cheese, claiming that the product actually contains a substantial amount of cellulose.

The cellulose contained in the product is allegedly used as an anti-clumping agent. It is derived from wood pulp and is used in cheese products due to its ability to absorb water.

To exhibit its anti-clumping effect, the lawsuit states that only two to five percent of cellulose is needed, and any amount in excess of that is “simply a cheap filler.”

Both women claim that the phrase “100% Grated Parmesan Cheese” appears prominently on the product and influenced their decision to purchase the product based on the label representations.

“Safeway Signature Kitchens’ 100% Grated Parmesan Cheese does not consist of 100 percent cheese, as falsely represented by Safeway,” the claim reads. “Laboratory testing suggests that Safeway Signature Kitchens’ 100% Grated Parmesan Cheese consists of cellulose levels in excess of a percentage that would be reasonably necessary to serve an anti-clumping purpose.”

Prewitt and Barry both state that had then known that the claim of “100%” is a false representation of the percentage of cheese in the products, they would not have purchased the product, or would have paid significantly less for it.

The plaintiffs are seeking to represent a Class of consumers in the state of California who purchased Safeway Signature Kitchen 100% Grated Parmesan Cheese at any time within four years of filing the action and ending when the action settles or goes on to receive final judgment.

Prewitt and Barry are alleging violations of California’s False Advertising Law, California’s Consumer Legal Remedies Act and California’s Unfair Competition law as well as breach of express warranty of merchantability, negligent misrepresentation and unjust enrichment.

“As a result of the unlawful scheme alleged herein, Safeway has been able to overcharge Plaintiffs and other consumers for merchandise, induce purchases that would otherwise not have occurred, and/or obtained wrongful profits,” the plaintiffs state.

On behalf of themselves and the proposed Class, the plaintiffs are seeking declaratory and injunctive relief, restitution or other equitable relief, attorneys’ fees, pre- and post-judgment interest and other relief as deemed proper by the court.

Safeway has recently filed a motion to remove the case from state court to federal court. Safeway cited the reasons for the move being that the amount in controversy exceeds more than $5 million. The proposed Class also consists of more than 100 members and there’s minimal diversity among parties exists.

The plaintiffs are represented by Aubry Wand of The Wand Law Firm.

The Safeway Parmesan Cheese Class Action Lawsuit is Rebekah Prewitt, et al. v. Safeway Inc., et al., Case No. CGC-16-551463, in the Superior Court of the State of California, County of San Francisco (State Court) and Case No. 4:16-cv-02753-KAW, in the U.S. District Court for the Northern District of California (Federal Court).