Mon Cuisine Class Action Says Calories Are Mislabeled

A recent Mon Cuisine class action lawsuit claims that the frozen food company misleads consumers about the calories in their products.

Naiman reportedly purchased Mon Cuisine frozen food meals in April 2020 from his local Costco store. He claims he purchased the products based on the marketing and labeling of the frozen meals. However, these statements were allegedly false and misleading.

According to Naiman, Mon Cuisine frozen meals “significantly understate” the number of calories found in the products due to an inaccurate Nutrition Facts label. Naiman argues that the label statements inaccurately state that the frozen meals contain only one 10 oz. serving per container. In reality, each frozen meal allegedly contains 40 oz. of food.

“In other words, each of defendant’s Nutrition Facts statements are misrepresented by one-fourth – i.e., a Mon Cuisine package that states there is only 260 calories in a serving and therefore in a container is inaccurate because there are 1,040 calories in the container,” the Mon Cuisine class action lawsuit alleges.

In addition to mislabeled calorie counts, the Mon Cuisine frozen food meals allegedly have other mislabeled nutrition facts including claims about fat content, cholesterol, sodium, and carbs. All of these attributes are allegedly underreported, leading consumers to believe that the products are far healthier than they actually are.

Many consumers rely on nutrition statements when purchasing food products. These facts can help inform consumers whether they comply with specialized diets such as keto which allows only a limited number of carbs. Labels may also give consumers an idea of how many calories are found in the food. For health-conscious consumers, calorie counting can be a way to maintain a healthy diet – meaning that inaccurate nutrition facts could quickly undermine their health.

Unfortunately, Mon Cuisine’s nutritional facts are wildly accurate, Naiman claims, meaning that consumers may assume the products are healthier or of better quality than they actually are.

Naiman argues that he and other consumers were deceived by the nutrition claims on the frozen meals. Allegedly, if the consumers were given the true nutrition facts about the Mon Cuisine frozen food products, they would not have purchased the frozen meals or would have paid significantly less.

“Defendant’s mislabeling of key nutritional information is so substantial and deviates well beyond the bounds of any margin of error, that had Plaintiff and members of the Class known of the true nutritional value of defendant’s Mon Cuisine products, they would not have purchased the product,” Naiman argues in his Mon Cuisine class action lawsuit.

According to Naiman, the Mon Cuisine labeling is not only misleading – allegedly, these representations are unlawful.

A variety of laws and regulations have been issued by the Food and Drug Administration (FDA), making sure that food products are properly labeled and marketed. The Food, Drug, and Cosmetic Act (FDCA), Fair Packaging and Labeling Act (FPLA), and the National Labeling and Education Act (NLEA) are all included in these regulations. These laws require food to bear nutrient facts labels which contain nutrient content claims. The regulations also require these labels to be accurate.

The Mon Cuisine products are allegedly covered by these regulations. However, despite being aware of the laws and regulations governing food labeling, Mon Cuisine manufacturer Alle Processing Corp. allegedly continues to sell their mislabeled products.

“Defendant had no reasonable basis to believe that the nutrition fact statements on its labels were accurate and therefore knew, or should have known, that the labeling on its Mon Cuisine meals was deceptive, misleading, and failed to comply with applicable laws and regulations,” Naiman argues.

“Nevertheless, Defendant continues to advertise, distribute, label, market, and sell its Mon Cuisine meals.”

The Mon Cuisine class action lawsuit includes claims of breach of express warranties and unjust enrichment. Alle Processing was allegedly enriched by their unlawful behavior because consumers were deceived into purchasing the products. Naiman argues that these unlawful profits should be returned to consumers.

Naiman seeks to represent a Class of consumers who purchased Mon Cuisine frozen meals in the United States. On behalf of himself and the proposed Class, Naiman seeks actual damages, statutory damages, injunctive relief, declaratory relief, court costs, and attorneys’ fees.

Did you purchase Mon Cuisine frozen food? Share your thoughts on these allegations in the comments section below.

Naiman and the proposed Class are represented by Penny L. Koepke of Maxwell & Morgan PC along with Patrick H. Peluso and Stephen A. Klein of Woodrow & Peluso LLC.

The Mon Cuisine Frozen Food Class Action Lawsuit is Naiman v. Alle Processing Corp., Case No. 2:20-cv-00963-DGC, in the U.S. District Court for the District of Arizona.

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