Publix Class Action Says Grated Cheese is Not ‘100% Real’

A Florida man has filed a Publix class action lawsuit, claiming the supermarket’s “100% real” grated cheese is anything but.

Plaintiff Eric Tamayo says Publix store-brand grated Parmesan and Romano cheeses are falsely labeled as “100% real” cheese when they actually contain non-cheese additives.

He says Publix purposely adds cellulose to these products to reduce their cost while charging customers for a more valuable product.

Cellulose is a food additive usually derived from wood pulp, according to Tamayo. It’s added to products like grated cheese to absorb moisture and prevent clumping.

Tamayo says powdered cellulose is produced by cooking raw plant fiber and exposing it to a series of chemical treatments.

The plaintiff claims the proportion of cellulose contained in Publix grated cheese is well above the minimum industry standard levels necessary to prevent clumping.

Since cellulose is less expensive than cheese, Publix adds the excess cellulose as “cheap filler used to cut manufacturing costs,” he claims.

He alleges that by adding cellulose to cheese and labeling it “100% real,” Publix deceives consumers into paying a higher price for it than they would have paid if it were more accurately labeled.

Tamayo says he bought the products at issue, labeled “100% Real Grated Romano Parmesan Cheese” and “100% Real Grated Parmesan Cheese,” from Publix supermarkets in Florida on several occasions in 2016 and before.

Based on the products’ labeling, the plaintiff says he reasonably expected them to contain only cheese without “adulterants or fillers.”

But laboratory testing arranged for by Tamayo’s attorney confirmed that the Publix-branded grated cheese contains “substantial” amounts of cellulose, he claims.

Tamayo says that because the product he bought was not what its label said it was, he “was overcharged, did not receive the benefit of the bargain, and has suffered out-of-pocket losses.”

He argues these products are mislabeled in a way that violates sections of the Food, Drug and Cosmetic Act that prohibit the “false or misleading” labeling of food products and the addition of foreign substances to food “to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is.”

Tamayo also says Publix violated similar provisions of the Florida Food Safety Act.

His Publix class action lawsuit raises other claims under the Florida Deceptive and Unfair Trade Practices Act and Misleading Advertising Statute, plus common law claims for unjust enrichment as well as fraudulent and negligent misrepresentation.

Tamayo seeks to represent a nationwide Class consisting of all persons in the U.S. who purchased a Publix-branded 100% Real Grated Parmesan Cheese product for personal or household use within the applicable statute of limitations period.

He is also proposing a subclass consisting of Class Members who purchased their Publix grated cheese within the state of Florida.

The plaintiff is seeking a judgment awarding damages, restitution and disgorgement with pre- and post-judgment interest, plus court costs and attorneys’ fees.

Tamayo is represented by attorneys Nathan C. Zipperian of Shepherd Finkelman Miller & Shah LLP and Robert C. Schubert, Willem F. Jonckheer and Dustin L. Schubert of Schubert Jonckheer & Kolbe LLP.

The Publix “100% Real” Grated Cheese Class Action Lawsuit is Tamayo v. Publix Super Markets Inc., Case No. 6:16-cv-01646, in the U.S. District Court for the Middle District of Florida, Orlando Division.