Fleischmann’s Margarine Class Action Says Spreads Mislabeled as Healthy

Two California residents say Fleischmann’s spreads are falsely advertised as healthy when in fact they contain trans fat.

Plaintiffs Marjel McFaddin and Mark Beasely take issue with the labeling and advertising of certain margarine and vegetable oil spreads sold under the Fleischmann’s brand.

They claim that defendant ConAgra Brands Inc. has been misrepresenting these products as healthy when they actually contain trans fat which is detrimental to human health.

According to this Fleischmann’s class action lawsuit, the products at issue contain partially hydrogenated oil. Plaintiffs say partially hydrogenated oil contains trans fat, which they describe as a toxin and carcinogen linked to many destructive health conditions.

Trans fat is created through a process that adds hydrogen to the molecules of plant-sourced fats. The resulting partially hydrogenated oil mimics the more hydrogen-saturated fats that come from animal sources.

However, plaintiffs say trans fat differs from natural fat molecules in a way that makes them especially dangerous to human health.

They cite scientific evidence linking trans fat to cardiovascular disease, type-2 diabetes, organ damage, various kinds of cancer, and cognitive decline such as Alzheimer’s disease. According to one former head of the Centers for Disease Control and Prevention, eliminating exposure to trans fats could protect up to 100,000 U.S. persons from heart disease-related death per year.

Trans fat’s effect on heart health is particularly relevant to this Fleischmann’s class action lawsuit, since ConAgra allegedly advertises its products as being heart-healthy.

Because of the detrimental health effects of trans fats, partially hydrogenated oil as a food additive is banned in the U.S. and other countries, the plaintiffs claim. They cite a June 2015 determination by the FDA condemning partially hydrogenated oil as not generally recognized as safe, or GRAS, for any use in human food.

But despite these health risks, plaintiffs say, ConAgra continues to use partially hydrogenated oil in its Fleischmann’s products. Food industry companies have an incentive to use trans fat because it gives food products the “mouth feel” and long shelf life of natural saturated fat at the much lower cost of unsaturated fat, the plaintiffs claim.

“Although safe, low-cost, and commercially acceptable alternatives to PHO exist, including those used in competing brands and even in other ConAgra products, ConAgra unfairly elected not to use these safe alternatives in Fleischmann’s in order to increase profit at the expense of the health of consumers,” the plaintiffs say.

McFaddin and Beasely propose to represent a plaintiff Class that would include all persons who since Jan. 1, 2008 purchased Fleischmann’s products that contain partially hydrogenated oil.

The proposed Misleading Claims Subclass would encompass Class Members whose purchased products were labeled with the statements “The delicious taste of Fleischmann’s enhances your favorite foods while maintaining your healthy lifestyle,” “70% less saturated fat,” or “100% less cholesterol.”

They are seeking a damage award of $25 million or more, restitution of revenues related to the allegedly deceptive advertising, and reimbursement of court costs and attorneys’ fees, all with pre- and post-judgment interest.

Representing the plaintiffs are attorneys Gregory S. Weston and Andrew C. Hamilton of The Weston Firm.

The Fleischmann’s Margarine Trans Fat Class Action Lawsuit is Marjel McFaddin and Mark Beasely v. ConAgra Brands Inc., Case No. 3:17-cv-00387, in the U.S. District Court for the Northern District of California.