Campbell Class Action: Healthy Request Soup Contains Trans Fat

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A class action lawsuit alleges that the Campbell Soup Company violates consumer protection laws with its marketing of Healthy Request Chunky Grilled Chicken & Sausage Gumbo Soup as “healthy” even though the soup contains artificial trans fats.

“Scientific studies demonstrate there is no threshold intake level of artificial trans fat that does not increase an individual’s risk of heart disease,” claims the class action.

The Campbell Soup artificial trans fat class action lawsuit cites numerous studies “under a broad range of test conditions, spanning different geographical regions and populations, under both controlled trial conditions and in free-living populations” that found that trans fatty acids “raise your bad (LDL) cholesterol levels and lower your good (HDL) cholesterol levels.”

Based on these studies, the American Heart Association, the U.S. Department of Health and Human Services, and the Institute of Medicine all warn against intake of trans fat, and the U.S. Food and Drug Administration issued a tentative decision to ban artificial trans fat in all food in 2013.

“Notwithstanding the scientific consensus that artificial trans fat increases the risk of heart disease and other chronic morbidity, Campbell falsely and misleadingly markets Healthy Request Gumbo with numerous health and wellness claims intended to convince consumers the product is healthy,” the class action complaint asserts.

The lawsuit contends that Campbell Soup started intentionally rebranding itself as “healthy” and having “wellness benefits” in 2006. By 2011, its new Healthy Request soups were some of the most popular soups sold by Campbell.

The Campbell soup class action lawsuit says that part of Campbell’s “wellness” branding includes a certification by the American Heart Association on all of its Healthy Request soups, which requires a fee, but has been shown to increase sales.

In addition, the Campbell Gumbo Soup can states that it is “heart healthy” and “made with lean chicken.” However, “Campbell intentionally adds partially hydrogenated soybean oil, containing artificial trans fat, to Healthy Request Gumbo,” claims the class action.

The complaint argues that the addition of artificial trans fat makes the soup “misbranded” and deceptively advertised under state and federal law.

Plaintiff Harold Brower states that he purchased Campbell Gumbo Soup at least three times between January and May of 2015. Brower says he “relied on Campbell’s false and misleading advertising in purchasing Healthy Request Gumbo, and lost money as a result.”

The Campbell soup artificial trans fat lawsuit seeks to represent a Class of “all persons in the California who, on or after April 25, 2012, purchased Healthy Request Gumbo for personal, family, or household use, and not for resale.”

The class action requests restitution for all consumers affected, as well as punitive damages allowed by statute and disgorgement of all profit from the false advertising by Campbell.

Brower is represented by Jack Fitzgerald, Trevor M. Flynn, and Melanie Persinger of The Law Office of Jack Fitzgerald, PC; and Paul K. Joseph of The Law Office of Paul K. Joseph, PC.

The Campbell Soup Artificial Trans Fat Class Action Lawsuit is Harold Brower v. Campbell Soup Company, Case No. 3:16-cv-01005, in the U.S. District Court for the Southern District of California.

UPDATE: On Aug. 5, 2016, Campbell argued that since the label was pre-approved by the USDA, the plaintiffs’ claims are preempted as a matter of law.

UPDATE 2: On March 21, 2017, Campbell Soup won dismissal of claims that it falsely labeled some of its soup products as “healthy.”