Wish-Bone Class Action Says Extra Virgin Olive Oil Dressings Are Falsely Advertised

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A class action lawsuit accuses Pinnacle Foods Group LLC, maker of the popular Wish-Bone brand of salad dressings, of falsely advertising its “Wish-Bone E.V.O.O. Dressing Made With Extra Virgin Olive Oil.”

The complaint argues that by naming its product E.V.O.O. (the initials for extra virgin olive oil) and by prominently stating that ingredient on the label, it misleads consumers into thinking that the product is primarily made with extra virgin olive oil.

The class action contends that Pinnacle reinforced this deceptive advertising in its press release when it first launched the new line of products. The Wish-Bone press release stated that “Wish-Bone E.V.O.O. dressings combine the goodness of extra virgin olive oil with Wish-Bone’s signature blend of vinegars and spices.”

However, the class action asserts that those “representations are misleading and deceptive,” because the main ingredient of Wish-Bone E.V.O.O. dressings is water. In addition, the complaint claims that the dressings do not contain just extra virgin olive oil, “but rather a blend of cheap soybean oil and extra virgin olive oil.”

According to the complaint, “the product sold to consumers as being E.V.O.O. is anything but – rather it is a cheap, fraudulent imitation made with cheap fillers and other inferior ingredients.”

The Wish-Bone E.V.O.O. false advertising class action lawsuit states that consumers who are health conscious look for products with extra virgin olive oil because of its beneficial omega-3 fatty acids. Cheaper oils contain omega-6 fatty acids, “which have been shown to be inflammatory and harmful in excess.”

The complaint argues that Pinnacle is attempting to take advantage of these healthy consumers by misleading them about the contents of Wish-Bone E.V.O.O. dressings. In support of its assertions, the complaint again cites to Pinnacle’s press release, which touted the “multitude of health benefits” contained in extra virgin olive oil, including that it is “high in antioxidants” and contains “vitamins E and K.”

Even though Wish-Bone E.V.O.O. dressings actually contain cheap ingredients, according to the class action, the dressings actually cost on average 25 percent more than similar salad dressings. The complaint alleges that because “the product is a cheap sham of E.V.O.O.” Pinnacle’s advertising is “unfair, deceptive and unjust.”

Plaintiff Aaron Korte of St. Louis says he purchased a Wish-Bone E.V.O.O. salad dressing in the fall of 2016. Korte claims that he bought the dressing “in reliance upon each and all of the misrepresentations detailed” in the complaint.

The false advertising lawsuit requests certification of a Class of “all persons who purchased from Defendant a Wishbone brand E.V.O.O. salad dressing, not for resale,” since December of 2013. The class action seeks monetary damages, including punitive damages under Illinois and Missouri consumer protection laws. In addition, the complaint requests an injunction requiring Pinnacle to change the packaging of its Wish-Bone E.V.O.O. dressings.

Korte is represented by Brian T. Kreisler of The Kreisler Law Firm LLC, Sean K. Cronin of Donovan Rose Nester PC, and Michael R. Reese of Reese LLP.

The Wish-Bone Salad Dressing Class Action Lawsuit is Aaron Korte v. Pinnacle Foods Group LLC, Case No. 3:17-cv-00199, in the U.S. District Court for the Southern District of Illinois.