Campbell’s Seeks Dismissal of ‘Healthy’ Soup Class Action Lawsuit

Campbell Soup Company is fighting back against a mislabeling class action lawsuit, arguing the plaintiffs’ claims are preempted by federal law.

The company argues that plaintiffs Harold Brower and Melinda Ferguson are pursuing a “legally untenable” theory by claiming that Campbell’s Chunky Healthy Request Grilled Chicken & Sausage Gumbo Soup is falsely advertised as “healthy.”

Campbell says that since the label was pre-approved by the USDA, the plaintiffs’ claims are preempted as a matter of law.

The USDA approval process takes into consideration whether the proposed label would be false or misleading, Campbell argues.

The federal Poultry Products Inspection Act and Federal Meat Inspection Act impose those labeling requirements on products that contain chicken and other meats, Campbell says.

The company argues that both those laws expressly preempt any state law that imposes “[m]arking, labeling, packaging, or ingredient requirements . . . in addition to, or different than, those made under” the federal statutes.

To the extent that the plaintiffs raise claims under those federal laws themselves, Campbell argues those allegations are precluded since the federal Food Safety and Inspection Service has already approved the labels at issue.

Campbell further argues that FSIS regulations impose detailed requirements for foods to be labeled as “healthy,” and that the product in question satisfies those requirements.

“Healthy Request Gumbo meticulously complies with the highly restrictive regulations governing nutrient content claims for ‘healthy,’” the company claims.

In addition to its preemption defense, Campbell argues that the plaintiffs’ claims are inactionable for other reasons.

Campbell says no reasonable consumer would be led to think that the product is free from partially hydrogenated vegetable oil because of images on the label showing vegetables or grains, or because of phrases on the label like “COOKED WITH CARE” and “Made with Lean Chicken Meat.”

Furthermore, those statements on the label are inactionable because they are subjective claims that cannot be proved true nor false, Campbell claims.

Brower filed this Campbell’s class action lawsuit in April 2016. He claims Campbell’s has no business suggesting their soup is “healthy” when it contains artificially-derived trans fats in the form of partially hydrogenated soybean oil.

The plaintiffs claim that trans fats are inherently bad for human health. Studies allegedly show that there is no amount of trans fats small enough to be considered healthy, as any amount of trans fat can increase an individual’s risk of heart disease.

In June 2016, Brower’s Campbell class action lawsuit was consolidated with a separate claim brought by Ferguson.

Brower proposes to represent a plaintiff Class consisting of all persons who purchased the soup at issue in California during the last three years.

The plaintiffs are represented by attorneys Paul K. Joseph of the Law Office of Paul K. Joseph PC, and by Jack Fitzgerald, Trevor M. Flynn and Melanie Persinger of the Law Office of Jack Fitzgerald PC.

The Campbell’s Healthy Request Soup Class Action Lawsuit is Harold Brower and Melinda Ferguson, et al. v. Campbell Soup Co., Case No. 3:16-cv-01005, in the U.S. District Court for the Southern District of California.

UPDATE: On March 21, 2017, Campbell Soup won dismissal of claims that it falsely labeled some of its soup products as “healthy.”