16 Parmesan Cheese False Ad Class Actions Grouped in Illinois

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The U.S. Judicial Panel on Multidistrict Litigation (JPML) has consolidated 16 class action lawsuits that allege the labeling and marketing of certain parmesan cheese products as “100% Grated Parmesan Cheese” is false and misleading because the products allegedly contain cellulose as a filler.

The parmesan cheese class action lawsuits were filed after a news article published in February indicated that independent laboratory testing showed the presence of significant amounts of cellulose in several brands of parmesan cheese, including:

• Kraft 100% Grated Parmesan Cheese
• Wal-Mart Great Value 100% Grated Parmesan Cheese
• Target Market Pantry Parmesan 100% Grated Cheese
• Essential Everyday 100% Grated Parmesan Cheese

The class action lawsuits were filed in California, Florida, Illinois, Minnesota, Missouri and New York. They had been previously consolidated into three separate multidistrict litigation (MDL) actions, but the plaintiffs from eight of the cases moved to consolidate all of the 100% grated parmesan cheese class action lawsuits and any potential tag-along actions into one MDL.

The parties all supported some form of centralization for the parmesan cheese class action lawsuits, but there were differing opinions about the best way to consolidate the litigation. Some of the parties favored separate MDL actions grouped against the named defendant instead of one all-encompassing MDL for all of the parmesan cheese products. The parties also disagreed as to the location in which the cases should be grouped.

The JPML found that ICCO-Cheese Company was a common supplier for many of the store-brand products at issue, and that the same legal issues regarding federal labeling regulations were raised in all of the class action lawsuits, regardless of the brand.

Other parties recommended multiple MDLs because the defendants’ labeling, marketing, manufacturing and distribution practices are unique. They also argued that the defendants are competitors and consolidation into one MDL will require them to protect against the disclosure of confidential business information.

“In our judgment, a single, multi-product MDL is necessary to ensure the just and efficient conduct of this litigation,” the JPML writes. “In many situations, we are hesitant to bring together actions involving separate defendants and products, but when, as here, there is significant overlap in the central factual issues, parties, and claims, we find that creation of a single MDL is warranted.”

According to the JPML, centralizing the 100% parmesan cheese class action lawsuits into one MDL will eliminate duplicative discovery, prevent inconsistent pretrial rulings and conserve the resources of the parties, their attorneys and the judiciary.

The JPML decided on the U.S. District Court for the Northern District of Illinois as the forum for the MDL because it is convenient and accessible for all of the actions filed across the country. Further, the JPML noted that plaintiffs from 10 actions supported the Illinois federal court.

The Parmesan Cheese False Advertising Class Action Lawsuit is In re: 100% Grated Parmesan Cheese Marketing and Sales Practices Litigation, MDL No. 2705, in the U.S. District Court for the Northern District of Illinois.

UPDATE: On Nov. 1, 2018, a federal judge determined that only some of the allegations in a Kraft, Walmart parmesan cheese multidistrict litigation will move forward.

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