Nature’s Way Faces Coconut Oil False Advertising Lawsuit
Nature’s Way was hit with a class action lawsuit alleging its coconut oil is falsely marketed as “healthy.”
Lead plaintiff, Sherry Hunter, alleged in her class action lawsuit that Nature’s Way engaged in coconut oil false advertising when it told consumers its product was “inherently healthy.”
The plaintiff says that while coconut oil is 100 percent fat, 93 percent of it being saturated fat, Nature’s Way says its Extra Virgin Coconut Oil is “ideal for exercise and weight loss programs.”
Hunter says that the coconut oil is falsely advertised as a healthy alternative to butter, margarine, and other cooking oils.
“These claims, taken individually and in context of the label as a whole, misleadingly imply, by affirmative representations and material omissions, that Nature’s Way Extra Virgin Coconut Oil is healthy, when it is not,” alleges the class action lawsuit.
The false advertising lawsuit alleges that Hunter and other consumers were duped into buying Nature’s Way Extra Virgin Coconut Oil because they thought it would be healthier for them based on the labeling of the product.
The plaintiff seeks to represent herself and others in the lawsuit against Nature’s Way. She is seeking damages, as well as an injunction stopping the company from falsely advertising its coconut oil.
Nature’s Way attempted to trim the class action, saying the plaintiff had not adequately shown that there should be an injunction against them. The food manufacturer argued that the plaintiff had not established that she was waiting for them to fix their coconut oil false advertising claims to start buying the product again; however, a federal court judge said that the plaintiff could amend her complaint.
“At this stage in the proceedings, the court cannot conclude that plaintiff is precluded from alleging facts showing that she faces an imminent or actual threat of future harm that is sufficient for her to have standing to bring claims for injunctive relief,” the judge said.
False Advertising Laws
State and federal laws prohibit companies from falsely advertising their products to trick people into buying them for more than they are worth. False advertising not only harms consumers, but also honest competing companies who do not falsely advertise.
False advertising takes on several forms:
- Deceptive advertising
- Misleading claims
- Unsubstantiated claims
- Bait and switch
The Nature’s Way Coconut Oil false advertising lawsuit claims that the food producer made deceptive and misleading claims about their product – that coconut oil is “healthy” and other claims about promoting weight loss, that the plaintiff alleges are not true.
In addition to getting money back, consumers duped by false advertising for coconut oil or another product can claim unjust enrichment and ask the court to order the company to stop their misleading marketing campaign.
The Nature’s Way Coconut Oil False Advertising Lawsuit is Sherry Hunter v. Nature’s Way Products LLC, et al., Case No. 3:16-cv-00532, in the U.S. District Court for the Southern District of California.
If you are concerned that you have been tricked by false advertising, contact the attorneys at Bradley/Grombacher.
Note: Bradley/Grombacher is not representing the plaintiff in this lawsuit.