Gardenburger Class Action Lawsuit Plaintiff Seeks Cert. for Mislabeling Claims

On Monday, a plaintiff asked a California federal judge to grant certification to a class action lawsuit alleging Kellogg Co. mislabels its Gardenburger veggie burgers as being “Made With Natural Ingredients” from July 2010 through January 2016, during which time they allegedly contained artificial ingredients.

Plaintiff Tasneem L. Mohamed alleges Kellogg fraudulently labeled its Gardenburger products to give consumers the impression that the veggie burgers were made with natural and wholesome ingredients.

In reality, Mohamed says, Gardenburger products contained artificial hexane processed soy ingredients, which she says are federally recognized as a synthetic and toxic chemical.

The U.S. Food and Drug Administration, while not directly regulating the term “natural,” has clarified that a product is not considered natural if it contains color, artificial flavors or synthetic substances.

According to the motion seeking certification of the Gardenburger class action lawsuit, Kellogg has admitted that the soy lecithin and soy protein ingredients “are created through a process in which whole soybeans are bathed in hexane to separate the soybeans’ oil from protein, i.e. hexane processed soy ingredients.”

Hexane is reportedly obtained from crude oil, natural gas liquids or petroleum refinery processing. It can also cause irritation to the eyes, nose and upper respiratory tract, Mohamed alleges.

According to the Gardenburger class action lawsuit, consumers are willing to pay a higher price for products that are labeled as being natural, organic and/or containing locally sourced ingredients.

The plaintiff argues that including the phrase “Made With Natural Ingredients” on a product that includes artificial and potentially toxic ingredients is misleading to consumers who believe they are purchasing a natural, healthy product.

Mohamed says she regularly purchased Gardenburger products because she believed they were made with natural ingredients. She paid a higher price for the veggie burgers because of Kellogg’s representation, the Gardenburger class action lawsuit says.

Mohamed seeks certification for a Class that includes: “All persons who, between July 29, 2010 to approximately January, 2016, purchased Gardenburger products in the State of California that were labeled ‘Made With Natural Ingredients’ but contained hexane processed soy ingredients.”

At a minimum, Mohamed estimates, thousands of consumers may qualify as members of the proposed Class and that the threshold minimum for establishing numerosity has been established.

Kellogg removed the “Made With Natural Ingredients” language from its Gardenburger labels sometime around January 2016, the court documents indicate.

According to the Gardenburger class action lawsuit, Kellogg acquired the Gardenburger brand in 2007 and added the “Made With Natural Ingredients” language to the packaging in about 2009.

The Gardenburger class action lawsuit asserts claim for violations of the California Unfair Competition Law, False Advertising Law and the California Consumer Legal Remedies Act.

Mohamed is seeking compensatory and punitive damages, restitution, and an order prohibiting Kellogg from misleadingly advertising its products.

The plaintiff is represented by Samuel A. Wong, Kashif Haque, Jessica L. Campbell and Samantha A. Smith of Aegis Law Firm PC.

The Gardenburger “Natural” Labeling Class Action Lawsuit is Mohamed v. Kellogg Co., et al., Case No. 3:14-cv-02449, in the U.S. District Court for the Southern District of California.