Kellogg Mother’s Cookies Trans Fat Class Action Tossed as ‘Frivolous’

A class action lawsuit alleging Kellogg used partially hydrogenated oil, also known as “trans fat,” in its Mother’s Cookies was dismissed by a California federal judge who found the claims “frivolous.”

Lead plaintiff Shavonda Hawkins alleged in her class action lawsuit that the trans fat found in the Mother’s Cookies she consumed would potentially cause her health problems later in life.

According to the class action, potential health risks posed by the consumption of partially hydrogenated oils include heart diseases, diabetes, cancer and Alzheimer’s disease.

The plaintiff also alleged that Kellogg violated California law as well as the U.S. Food, Drug, and Cosmetic Act by including trans fat in its product, rather than a healthy alternative.

U.S. District Judge John A. Houston tossed the class action last week. The judge pointed out that the plaintiff did not establish that she would “certainly” face the numerous health problems she described as a result of eating partially hydrogenated oils.

The judge found that the plaintiff also did not indicate how many times she consumed Mother’s Cookies nor did she show that this “mystery” level of consumption would increase her risk of becoming ill later in life.

“Plaintiff alleges that she has ‘repeatedly’ consumed Defendant’s cookies since January 1, 2008,” noted the judge in his order. “Plaintiff fails to offer additional details on how many times she ate Defendant’s cookies. Plaintiff also fails to allege that this mystery level of consumption substantially increased her risk of developing diseases associated with trans fat. Therefore, Plaintiff does not have standing to assert claims based on future harm.”

The judge also found that the plaintiff failed to show that purchase and consumption of the cookies caused any actual physical or economic harm.

Additionally, Judge Houston pointed out that the FDA had said companies would have to remove trans fats from their products by June 2018 after a finding in 2015 that partially hydrogenated oil was the cause of a host of health problems. The judge found that Kellogg’s current use of the oil does not violate federal law.

“[Congress’]purpose is demonstrated in legislative overviews of the 2016 CAA, which state that [the section] was drafted in response to concerns of market interference and is meant to prevent ‘frivolous lawsuits,’” pointed out the judge in the order dismissing the class action. “The Court finds that Plaintiff’s current action is one of the frivolous suits that Congress meant to preclude until 2018.”

The lead plaintiff in this class action has pursued another lawsuit against AdvancePierre Foods over trans fats. In that class action, the plaintiff alleges that the company uses trans fats in its Fast Bites sandwich product to get a leg up on the competition by using cheap hydrogenated oils over other ingredients.

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

The Kellogg Mother’s Cookies Trans Fat Class Action Lawsuit is Shavonda Hawkins v. Kellogg Co., Case No. 3:16-cv-00147, in the U.S. District Court for the Southern District of California.