Smucker’s Class Action Lawsuit Over Misleading Protein Claims
According to a new class action lawsuit, J.M. Smucker Company, which sells food under the Smucker’s, JIF, Adams, Laura Scudders, and Sahale Snacks brands, misleads consumers by falsely advertising the amount of protein in Smucker’s Uncrustables and other products.
Molly Brown v. The J. M. Smucker
Molly Brown, the primary plaintiff, filed the class action suit in California, alleging that the company exaggerates the number of protein in some of its goods by at least 20%, and possibly as much as 140%.
The class action alleges that Smucker’s advertising and labeling of its goods containing certain levels of protein per serving are false, misleading, and designed to encourage consumers to buy the products at a high price while ultimately failing to achieve consumer expectations.
Brown purchased a variety of Smucker’s products during the last four years, including peanut butter, Smucker’s Uncrustables Sandwiches in Peanut Butter and Grape Jelly, and more.
She made each purchase based on the truthfulness of the defendant’s product label, which stated on the front of the product container that the Products included a specific amount of protein per serving, the Smucker’s Protein Class Action Lawsuit alleges.
However, on each of the Products she bought, the defendant misstated the protein of the products as containing more grams than they actually do. The lawsuit claims that it provides significantly more protein than the product actually does when adjusted for Protein Digestibility Corrected Amino Acid.
For instance, Smucker’s states on the label of their Peanut Butter & Strawberry Uncrustables Sandwiches that they include 6g protein. However, according to the lawsuit, the product includes only 5 grams — a 20% overstatement.
Brown not only bought the Products because the labels indicated that they included a set amount of protein in each serving, but she also paid more for them than she would have paid for a comparable product that was not mislabeled regarding the amount of protein contained.
According to the class action lawsuit, Smucker’s is profiting off consumers’ growing health consciousness, including an increase in demand for protein-dense goods.
Smucker’s Quality of Protein
Brown further believes that Smucker’s goods contain proteins with minimal biological value for people, such as peanuts. These sources of protein contain even less per serving than amino acid analysis alone indicates.
According to the plaintiff, after adjusting for protein type, the Smucker’s Peanut Butter & Strawberry Uncrustables Sandwiches contain only 2.5 grams of protein, exceeding the package label by almost 140%.
Brown asserts that because customers lack the ability to independently verify the validity of the company’s food labeling claims, particularly at the point of sale, the defendant’s misrepresentations force the plaintiff and Class members to pay a premium price for the products.
She seeks to be the representative of a California consumer class. She is suing for alleged violations of the Consumer Legal Remedies Act and the state’s Business and Professions Code. She seeks class certification, damages, an injunction, restitution, attorney fees and costs, and a jury trial.
Editor’s Note on Smucker’s Protein Class Action Lawsuit 2021:
This article is written to inform you of the class action lawsuit filed against The J. M. Smucker Co. over the alleged false advertisement of its products regarding protein content. Similarly, a class action lawsuit was also filed against Nestle Purina over their Soy-free and Grain-free claims.
Case Name & No.: Molly Brown v. The J. M. Smucker, No. 3:2021cv06467
Jurisdiction: U.S. District Court For The Northern District Of California
Products/Services: Food products & their protein content
Allegations: J. M. Smucker Co. allegedly exaggerated the protein content of its goods
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