Schwan’s Pies Don’t Contain Real Butter, Class Action Says

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Schwan’s was hit with a class action lawsuit alleging that while the company advertises its frozen pies as “Made With Real Butter,” they actually use a butter blend containing palm oil.

Lead plaintiff Shatequa Leguette claims in the class action lawsuit that Schwan’s is the manufacturer and distributor of Mrs. Smith’s brand of frozen pies labeled as “Original Flaky Crust” and “Made With Real Butter.”

The plaintiff says that Schwan’s tricks consumers into thinking that the frozen pie crusts only contain real butter, but in reality the crusts contain a butter blend, that includes palm oil and salt.

“Though a pie is composed of multiple elements, it is not a stretch to say that the pie crust is that which is most appreciated by consumers,” says the Schwan’s pie class action lawsuit.

According to the Schwan’s class action, while shortening used to be common in pie crusts, hydrogenated oils, including vegetable oils, are replacing the use of shortenings. Shortenings make pie crusts rich and tender, alleges the plaintiff, and are integral in the production of pie.

“Reasonable consumers are familiar with the use of butter for baking purposes, due to its contribution to flakiness of pie crust, characteristic ‘buttery’ flavor (caused by reaction flavor compounds such as lactones that are generated from fatty acids during baking) and the desirable mouthfeel it imparts,” alleges the Schwan’s pie crust class action lawsuit.

“When consumers see the word ‘butter’ they expect there won’t be artificial ingredients to the extent there would be if butter was not prominently represented – in other words, it provides a ‘halo’ to the products,” continues the Schwan’s class action.

Calling vegetable shortening and margarine the “antithesis” of butter, the plaintiff says that reasonable consumers would not expect Mrs. Smith’s pies to contain anything other than butter in their crusts; however, the ingredient list on the pies reveals that butter is only a small part of an ingredient called “butter blend.”

“’Shortening Butter Blend’ is not a common or usual name of an ingredient which has as its predominant component solidified, 100% fat vegetable (palm) oil,” alleges the Schwan’s class action lawsuit.

The plaintiff alleges that the labeling on Mrs. Smith’s frozen pies deceives consumers into thinking they are purchasing a product that contains only butter. Further, alleges the Schwan’s pie class action, the butter that is in the product is not added directly and has a minimal effect on the tastiness of the pie crust.

“[T]he impact of butter on the final product does not comport with consumer expectations for such a product – flakiness of crust, aroma, taste, texture – which prominently represents to contains ‘real butter,’” alleges the Schwan’s class action lawsuit.

Mrs. Smith’s Original Flaky Crust Pies covered by this class action include the following varieties: Apple, Dutch Apple, Pumpkin, Cherry, Peach, Very Berry and Sweet Potato.

The plaintiff seeks to represent a nationwide Class of consumers who purchased Mrs. Smith’s frozen pies. Leguette alleges that Schwan’s violated New York business laws, breached warranties, and was unjustly enriched by the alleged false advertising of the pies.

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

The Schwan’s Frozen Pie “Real Butter” Class Action Lawsuit is Leguette v. Schwan’s Company, et al., Case No. 1:17-cv-07599, in the U.S. District Court for the Eastern District of New York.