Simply Potatoes Class Action Says Mashed Potatoes Contain Margarine

A class action lawsuit alleges that margarine, in addition to butter, is included in Simply Potatoes products, duping consumers.

Lead plaintiff Josh Berger alleges in his class action lawsuit that MFI Holdings and affiliated companies that manufacture and distribute Simply Potatoes brand potato products falsey market their product as made of simple, wholesome ingredients. However, says the plaintiff, the lab-based alternative to butter, margarine, is used for the product.

Berger claims the Simply Potatoes brand capitalizes on consumer preferences for foods that contain simpler ingredients that they can pronounce, including real butter. But, alleges the plaintiff, margarine is used in the potato product. Even further, Berger says the margarine used in Simply Potatoes is made from genetically modified organisms (GMOs).

“Where a product is composed of fewer, simpler ingredients, the final consumable product will be less processed and contain fewer artificial and synthetic ingredients and preservatives that consumers seek to avoid,” states the Simply Potatoes class action lawsuit. “These preferences are illustrated through butter and margarine.”

Butter, alleges the plaintiff, is an old and simple food “produced by churning the cream at the top of a cow’s milk until the fat solidifies.” “[B]utter’s archrival,” margarine, continues the plaintiff, is made in a lab. Although margarine was touted as a healthier and cheaper alternative to butter, butter is undergoing a renaissance. Further, Berger claims consumers are aware of the health hazards trans fats found in margarine present.

The Simply Potatoes class action lawsuit alleges the products are deceptively labeled in such a way that the consumer would assume they only contain real butter. The package of mashed potatoes, notes the plaintiff, displays a picture of a partially melted butter square resting upon a cloud of mashed potatoes and statements noting that the product includes “real ingredients like milk and butter.” Additionally, a stamp on the package proclaims “made with real milk & butter,” alleges the Simply Potatoes class action.

“The stamp is impressed at an angle, making it appear as if it were manually applied following hours of arduous butter churning,” states the complaint above a picture of a woman churning butter.

“However, the Simply Potatoes Products are misleading because despite the centrality of butter to its marketing and labeling, it also contains margarine as indicated on the ingredient list,” Berger states.

According to the class action lawsuit, Simply Potatoes products include diced, shredded, and mashed potato products. They are sold in Traditional, Garlic, Sour Cream & Chive, Sweet and Parmesan Peppercorn varieties, as well as under a Simply Skinny variety including Sea Salt & Cracked Pepper and Roasted Garlic & Sea Salt.

“No reasonable consumer who purchases a product highlighting the presence of real butter and milk expects that the product will also contain margarine,” alleges the plaintiff.

Berger seeks to represent a nationwide Class of consumers who purchased Simply Potatoes products during the statute of limitations period. The plaintiff alleges that the manufacturers of Simply Potatoes violated New York business law, the implied warranty of merchantability, and have experienced unjust enrichment.

The plaintiff is seeking damages and interest as well as injunctive relief.

Berger is represented by Joshua Levin-Epstein of Levin-Epstein & Associates PC and Spencer Sheehan of Sheehan & Associates PC.

The Simply Potatoes False Advertising Class Action Lawsuit is Josh Berger v. MFI Holding Corporation, et al., Case No. 2:17-cv-­06728, in the U.S. District Court for the Eastern District of New York.

UPDATE: On March 19, 2018, Post Holdings Inc. moves to dismiss a class action lawsuit claiming that the “made with real butter” labeling on its “Simply Potatoes” products is deceptive.