Benecol Spreads Class Action Challenges ‘No Trans Fats’ Label

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A New York woman says Benecol spreads are falsely labeled as containing no trans fats, in an effort to deceive consumers.

According to plaintiff Suzanna Bowling, Benecol spreads do indeed contain the trans fats that their labeling specifically says they do not contain.

She accuses defendants McNeil Nutritionals LLC and its parent company Johnson & Johnson of mislabeling Benecol spreads in violation of New York consumer protection laws.

In her Benecol spreads class action lawsuit, Bowling includes images of the labeling at issue. The front and top of the labels both bear the indication “No Trans Fat” printed around a heart-shaped logo.

On the back label, the words “No Trans Fatty Acids” appear just above the Nutrition Facts box. But below those words, the ingredient lists shows that these Benecol spreads contain “Partially Hydrogenated Soybean Oil.” Bowling says this partially hydrogenated oil contains the very trans fats that the Benecol spreads label claims are not present.

“Unlike other edible oils, trans fats are an integral component of [partially hydrogenated oils] and are purposely produced in these oils to affect the properties of the oils and the characteristics of the foods to which they are added,” she claims.

Consumption of trans fat-containing partially hydrogenated oils can lead to an increase in “bad” cholesterol, which itself increases a person’s risk for coronary heart disease, Bowling says. Partially hydrogenated oils have also been linked to higher risks of diabetes and adverse effects on fetuses and breastfeeding babies, she says.

Bowling cites a June 2015 determination by the U.S. Food and Drug Administration that partially hydrogenated oils are not “generally recognized as safe” for human consumption. The FDA found that these oils were linked to “an increased risk of coronary heart disease by contributing to the buildup of plaque inside the arteries that may cause a heart attack.”

Despite the inclusion of these allegedly unhealthy ingredients in the defendants’ products, Bowling says they charge a premium price for Benecol spreads. At $3.98 for an eight-ounce package, Benecol spreads cost about five times as much per ounce as one national brand of margarine.

Bowling says she bought Benecol spreads for her own use, relying on the representations on their labels that said they contained “No Trans Fats” and “No Trans Fatty Acids.” She says she never would have bought Benecol spreads had she known that they do contain trans fats.

Bowling proposes to represent a nationwide plaintiff Class consisting of all persons who purchased Benecol spreads. She also proposes a subclass to cover Class Members who purchased Benecol spreads in her home state of New York. She expects Class Members could number in the hundreds of thousands.

She seeks an award of compensatory, statutory and punitive damages, restitution or other equitable relief, and prejudgment interest on all amounts awarded. She is also asking for injunctive relief as the court sees fit and reimbursement of her court costs and attorneys’ fees.

Bowling is represented by attorneys Neal J. Deckant, Scott A. Bursor, Joseph L. Marchese and Frederick J. Klorczyk III of Bursor & Fisher PA.

The Benecol Spreads Mislabeling Class Action Lawsuit is Suzanna Bowling v. Johnson & Johnson and McNeil Nutritionals LLC, Case No. 1:17-cv-03982, in the U.S. District Court for the Southern District of New York.

UPDATE: On July 30, 2018, the plaintiff in a class action lawsuit alleging Johnson & Johnson and McNeil Nutritionals LLC falsely advertised their Benecol products as having no trans fat has asked a New York federal judge to grant Class certification to a proposed Class of Benecol buyers.