Horizon Milk Hit with False Advertising Lawsuit
A false advertising class action lawsuit has been lodged by a plaintiff against the White Wave Foods company and Danone North America LLC.
False Advertising Lawsuit Says Milk is Not Organic
The false advertising lawsuit alleges that the defendants deceptively advertised Horizon Organic milk products including numerous different version such as the reduced fat milk, the fat-free milk with DHA Omega 3, the organic low-fat chocolate milk, and the organic low-fat vanilla milk box.
The false advertising lawsuit says that the defendants used promotional materials on their labeling that claimed Horizon Organic milk is certified organic. This promise is made clear on every milk package and throughout marketing materials. Consumers are often willing to pay more for organic foods and beverages due to increased awareness about the health benefits of doing so, alleges the class action lawsuit.
The false advertising lawsuit, however, alleges that Horizon Organic milk is not organic because a non-organic additive is used in all of its products. The plaintiff in the false advertising lawsuit began purchasing Horizon Organic milk in January of 2015 through January 2016.
The false advertising lawsuit complaint states that she purchased multiple varieties of the products on a weekly basis from a number of major retailers, including Whole Foods and Safeway. The plaintiff says that she was willing to pay a premium for Horizon Organic milk products because she reasonably believed that these were organic milk products.
In order for milk products to be marketed as organic, the cow herd cannot be treated with antibiotics or hormones and the milk must also be used from cows whose food was grown with no pesticides, genetically modified seeds, or fertilizers, alleges the class action. The false advertising lawsuit points out that the Horizon Organic milk manufacturers add DHA made from an algae-based on a corn syrup diet. The corn syrup given to the algae is derived from corn that has been genetically modified and is not organic, alleges the class action.
A false advertising lawsuit can be filed against companies who mislead consumers about their product or who fail to provide accurate information about their product.
Given the rise of the number of products with the words “organic” and “all natural” on the label, more consumers than ever are looking into the ingredients of the items they purchase to clarify the accuracy of marketing materials.
A company who is involved in false advertising may be required to edit their labels or to deal with the consequences of legal claims brought forward by those consumers who believe they have been wronged due to deceptive marketing materials. They may also be required to reimburse consumers for the extra money they may have paid based on the false advertising claims.
The attorneys at Bradley/Grombacher are currently investigating claims of false advertising. If you are concerned about a product you purchased, consult with the lawyers today by filling out the form on this page.
The false advertising lawsuit is Brown et al v. Danone North America LLC, et al., Case No. 3:17-cv-07325 filed in the United States District Court for the Northern District of California, San Francisco division.
Note: Bradley/Grombacher is not representing the plaintiff in this lawsuit.