Sarah Mirando  |  February 26, 2013

Category: Legal News

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Judge Tosses Cabot Greek Yogurt Class Action Lawsuit

By Mike Holter

 

Cabot Greek YogurtA federal judge yesterday dismissed a class action lawsuit claiming that Cabot Creamery Cooperative and parent company Agri-Mark Inc. falsely labeled their Greek yogurt products because they aren’t made in the authentic Greek way and are “not yogurt at all” under federal guidelines, ruling that the additives Cabot uses have been approved by the FDA.

U.S. District Judge Samuel Conti rejected plaintiff Timothy Smith’s claim that Cabot Greek yogurt isn’t actually yogurt because it contains the additives Whey Protein Concentrate (WPC) and Milk Protein Concentrate (MPC), which are not among the permissible ingredients set forth under a 1981 “standard of identity for yogurt” published by the FDA.

Judge Conti ruled Smith could not use the 32-year-old agency definition for yogurt because the FDA published a 2004 memorandum that clearly gave manufacturers the green light to include the WPC and MPC in yogurt products to increase their nonfat solids.

“The FDA is permitted to clarify its regulations as it did in the 2004 interpretation, and those clarifications are entitled to deference,” the judge said. “Further, the FDA’s guidance from the 2004 interpretation indicates that the FDA understands its own guidelines to allow WPC and MPC as optional ingredients in yogurt.”

Smith sought to represent a proposed class of all consumers nationwide who purchased Cabot Greek yogurt, citing claims of negligent misrepresentation and fraud, breach of warranties, false advertising, and more.

Several consumer class action lawsuits were filed last year against companies alleging they falsely advertised their Greek yogurt products under the FDA’s 1981 yogurt definition. In December, a Minnesota federal judge tossed a proposed class action lawsuit accusing General Mills and Yoplait of selling Greek yogurt that is “neither yogurt nor Greek,” saying the matter should be resolved by the FDA and not the courts.

Minnesota District Judge Susan Richard Nelson said he FDA should settle the debate over what constitutes Greek yogurt and help end the growing number of similar false advertising class action lawsuits pending in other courts.

“The increasing volume of this litigation creates the potential for inconsistent judicial rulings,” Judge Nelson said. “This underscores the importance of promoting uniformity by referral of this matter to the FDA.”

The Cabot Greek Yogurt False Advertising Class Action Lawsuit case is Timothy Smith v. Cabot Creamery Cooperative, Inc. and Agri-Mark, Inc., Case No. 12-cv-4591, U.S. District Court, Northern District of California.

 

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Updated February 26th, 2013

 

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One thought on Judge Tosses Cabot Greek Yogurt Class Action Lawsuit

  1. Tony says:

    It’s really sad how the society rolls on technicality and not ethics. Cabot needs to pay for what it’s doing. Do we really let those companies lie in our faces so that they can trick us into buying a product that is not what it claims to be? How is this different from fraud? To prove my point, their Cabot Greek Yogurt Plain version contains about 310 calories per serving and 200 of that is from “FAT.” And, it contains a lot of saturated fat per serving (68% of your daily intake). This is because they’re using “cream” to thicken their product. This is just wrong. This product is sour cream, not yogurt. Yogurt is supposed to be a healthy food, and they shouldn’t be allowed to trick customers into buying this disgusting fake yogurt.

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