Campbell’s Class Action Says Healthy Request Soup Not ‘Healthy’

On Monday, a proposed class action lawsuit was filed against the Campbell Soup Company alleging that the food manufacturer falsely labels its soup “with numerous health and wellness claims intended to convince consumers the product is healthy.”

Plaintiff Harold Brower claims that Healthy Request Chunky Grilled Chicken & Sausage Gumbo soup is anything but healthy. Brower says that the soup contains artificial trans fat in the form of partially hydrogenated soybean oil.

Artificial trans fat is detrimental to human health, with scientific studies determining that there’s no safe level of intake of artificial trans fat that would not lead to an individual’s increased risk of heart disease, according to the lawsuit.

Not only is heart disease a risk for those who eat artificial trans fat, but it has also been linked to increased risk of other diseases such as type-2 diabetes, cancer and Alzheimer’s disease, the claim asserts.

“Simply put, artificial trans fat is unsafe for human consumption,” Brower states.

Brower asserts that he purchased the Campbell’s soup purposefully to help him make better food choices and decrease his risk of heart related disease, but that the product did not match up to label claims.

“Campbell falsely and misleadingly markets Healthy Request Gumbo with numerous health and wellness claims intended to convince consumers the product is healthy,” the lawsuit alleges.

The Campbell’s soup that Brower purchased included a label on the produce indicating an AHA (American Heart Association) certification, and in fact, all of Cambell’s Healthy Request soups boast the heart health certification claim. Brower indicates that he later found out that companies must pay a fee to the AHA to use the certification, and it was not an independent certification, the lawsuit states.

The lawsuit further notes that “studies have shown that the AHA ‘heart-check mark’ increases sales by suggesting to consumers that an ‘independent’ group has certified the healthfulness and heart healthfulness of the products bearing the mark.”

Brower says that the artificial trans fat is not a natural component found in any of the ingredients found in the Healthy Request Gumbo, and claims that “Campbell intentionally adds partially hydrogenated soybean oil, containing artificial trans fat, to Healthy Request Gumbo.”

The plaintiff asserts that the label claims of “Heart Healthy,” the “Healthy Request” claim in the product name, vignettes with vegetables and grains, the “Cooked with Care” claim, “Made with Lean Chicken Meat” claim, AHA certified emblem and “Meets Criteria for Heart-Healthy Food” claims all appearing on the product label are false and misleading and lead consumers to believe the product is healthy when it is not.

“By falsely and misleadingly labeling and advertising its Healthy Request Gumbo, Campbell leveraged the public’s interest in health generally, and in heart health specifically, to create a demand among consumers for Healthy Request Gumbo that would not have existed absent Campbell’s false and misleading advertising,” Brower states.

The class action lawsuit against Campbell Soup alleges violations of the California Consumer Legal Remedies Arc, Unfair Competition Law and False Advertising Law as well as breached of express and implied warranties.

Brower is seeking Class certification for consumers who purchased the soup within the last three years in the state of California as well as “an order compelling Campbell to restore the amounts by which it has been unjustly enriched, and pay restitution, damages, and punitive damages as allowed by law.”

The plaintiff is represented by Jack Fitzgerald, Trevor M. Flynn and Melanie Persinger of The Law Office of Jack Fitzgerald, PC and Paul K. Joseph of The Law Office of Paul K. Joseph, PC.

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

UPDATE: On Aug. 5, 2016, Campbell argued that since the label was pre-approved by the USDA, the plaintiffs’ claims are preempted as a matter of law.

UPDATE 2: On March 21, 2017, Campbell Soup won dismissal of claims that it falsely labeled some of its soup products as “healthy.”