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Pinnacle Foods deceptively markets trans fat containing food products with labels that claim they’re free of trans fat, according to a proposed class action lawsuit.
Plaintiff Ian Anderson of California is challenging Pinnacle Foods for labeling several of its food products as containing no trans fat when in fact they contain partially hydrogenated oil, a trans fat-rich ingredient. The alleged mislabeling applies to several different varieties of Swanson Pot Pies, Hungry-Man Frozen Meals and Duncan Hines cake mixes, all of which are Pinnacle Foods products.
“Trans Fats are known carcinogens, are a leading cause of coronary heart disease, negatively affect cholesterol levels, increase the risk of stroke and type II diabetes, cause cognitive decline and Alzheimer’s Disease, and result in adverse effects on fetuses and breastfeeding infants such as impaired growth,” Anderson says.
Because of the detrimental health effects associated with trans fat, Anderson says the inclusion of partially hydrogenated oil in Pinnacle Foods products makes them worthless and unfit for human consumption. The products therefore violate public policy as expressed in federal and California state law, he argues.
There are safe, low-cost and commercially acceptable alternatives to partially hydrogenated oil, Anderson says. Some of Pinnacle Foods competitors use these alternative ingredients in their own products, the lawsuit states.
But Pinnacle Foods continues to use partially hydrogenated oil, allegedly in an attempt to unfairly compete and inflate its own profits at the expense of consumers’ health, he claims.
Anderson says FDA rules in effect since 2006 require food manufacturers to disclose their products’ trans fat content on the label. The FDA generally recommends consumers limit their intake of trans fat, he says.
Without clear and consistent labeling on the products disclosing their trans fat content, Anderson says consumers can’t make informed decisions about their intake of trans fat.
He says that he and proposed Class Members reasonably relied on Pinnacle Foods large-print labeling that told them the products they were buying contained no trans fat. These consumers can’t be expected to sift through the fine-print ingredients list to vet the more prominent claims on the front of the label, he argues.
Anderson seeks to represent a plaintiff Class consisting of all persons in the U.S. who purchased trans fat containing foods made by Pinnacle Foods on or after Nov. 30, 2012. He lists 20 specific varieties of Swanson Pot Pies, Hungry-Man Frozen Meals and Duncan Hines cake mixes in an attachment to his Pinnacle Foods class action lawsuit.
He is asking the court for an injunction that would require Pinnacle Foods to stop producing, marketing or distributing foods that contain partially hydrogenated oil and to recall and destroy all such products already produced. Anderson also seeks an award of damages, restitution and disgorgement of profits, plus court costs and attorneys’ fees.
The plaintiff is represented by Reuben D. Nathan of Nathan & Associates APC and by Ross Cornell of the Law Offices of Ross Cornell APC.
The Pinnacle Foods Trans Fat Class Action Lawsuit is Ian Anderson v. Pinnacle Foods Inc., Case No. 5:16-cv-06871, in the U.S. District Court for the Northern District of California.
UPDATE: On January 30, 2017, the Pinnacle Foods Trans Fat class action lawsuit was voluntarily dismissed.
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48 thoughts onPinnacle Foods Class Action Says ‘No Trans Fat’ Products Are Mislabeled
In the last two months I have made 4 cakes using Duncan Hines lemon cake mix actually I have been using it for over 10 years my family and I love the results of the cakes and now I have to break the news to my family that I can’t use this cake mix anymore WOW what a blow
I buy those how can claim
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
This is big news, particularly for low income consumers, many of whom rely on low cost meals such as the pot pies and frozen dinners listed simply to have food on their table at mealtime throughout the month! I shudder to think of the dollar volume of SNAP benefits this company has reaped wrongfully! Should we begin pressuring the USDA and the various state and federal nutrition programs to STOP this financial rape of both consumers and our federal low income food assistance and health care systems?
We should but first hit the big soda company’s, donuts, cookies, cake, pies, and chips. This is junk food at it’s worst. At least with hungry man you get a vegetable or two.
Wow, interesting I have six different cake mixes in my pantry right now. Was going to make Xmas cookies out of them for gifts. I don’t no what I’ll do now, since I am a senior and was going to give them to neighbors but I don’t want to hurt them!
Go ahead and make your cookies. The claim is not that the food is dangerous just that it does contain trans fats
I’m done buying their crap and lies.
We buy these dinners for my family. How do I inquire about filing a claim? Lynn Baker
I was eating these dinners about three times a week for lunch..
I think probably plenty of folks have bought these one time or another. I buy them a few times here and there myself.
I buy these some can I get on the list to get money
how do i find out more info aout the Pinnacle food case? we buy and eat them.
The case is still moving through the courts and has not yet reached a settlement. Claim forms are usually not made available to consumers until after a court approved settlement is reached. We recommend you sign up for a free account at TopClassActions.com and follow the case. We will update the article with any major case developments or settlement news! Setting up a free account with Top Class Actions will allow you to receive instant updates on ANY article that you ‘Follow’ on our website. A link to creating an account may be found here: https://topclassactions.com/signup/. You can then ‘Follow’ the article above, and get notified immediately when we post updates!
oooo my–we have been eating this stuff for yrs.. PLEASE keep all of us up dated on this one …thankyou for getting us this useful information.