Nestle manufactures, markets, and sells a line of coffee creamer products that contain partially hydrogenated oil (“PHO”). The Trans Fat Creamers containing PHO include multiple varieties sold under the label of Coffee-Mate.
PHO is a food additive banned in many parts of the world due to its artificial trans fat content. Artificial trans fat is a toxic carcinogen for which there are many safe and commercially viable substitutes. The FDA last year issued a tentative determination that PHO is unfit for use in food.
As alleged, Nestle falsely markets and falsely represents the Trans Fat Creamers as free of trans fat; however all of the Trans Fat Creamers contain dangerous levels of trans fat. Although safe, low-cost, and commercially acceptable alternatives to PHO exist, including those used in competing brands and even in a few other Nestle coffee creamers, Nestle unfairly elects not to use safe alternatives in the Trans Fat Creamers, in order to increase its profits at the expense of the health of its customers.
Additionally, Defendant misleadingly marketed its Trans Fat Creamers with an unauthorized health claim. This false advertising deceives consumers into purchasing a product that is harmful to their health.
Plaintiff seeks an order compelling Defendant to, inter alia: (1) cease marketing and selling the Trans Fat Creamers using the false and unauthorized nutrient content claim “0g trans fat”; (2) conduct a corrective advertising campaign; and (3) destroy all misleading and deceptive materials and Products.
Plaintiff seeks to represent a class consisting of all persons who purchased in the United States, on or after January 1, 2008, for household or personal use, Coffee-Mate products manufactured or distributed by Nestle USA, Inc. containing the labeling claim “0g Trans Fat” and containing partially hydrogenated oil.