Nestlé USA markets its Ovaltine flavored drink product as being healthier than it is, a new class action lawsuit alleges.
Plaintiff Mary McMenamy filed the class action lawsuit against Nestlé USA Inc Oct. 11 in a New York federal court, alleging violations of state and federal consumer laws.
Nestlé makes and sells flavored drink mixes represented as “A Good Source of 12 Vitamins & Minerals†” and having “No Artificials ‡” under the Ovaltine brand, the lawsuit states.
To make the nutrient claim that the product is “A Good Source of 12 Vitamins & Minerals†,” the product should provide between 10 to 19 percent of the recommended daily intake or daily recommended value of no less than 12 vitamins and minerals under law, the plaintiff says.
“However, the Product is not a ‘good source’ of 12 vitamins and minerals, because this requires the purchaser to ‘Mix with 1 cup low fat vitamin A & D milk,’ indicated in the third column on the Nutrition Fact,” the lawsuit states.
The product only “discretely” discloses that a consumer would have to add milk to reach the nutritional promise, in small text, the lawsuit alleges.
“Even if purchasers see this smaller print, the directions and ingredients are only listed on the back of the container, and are inconsistent and unclear,” it states.
The product also claims to have no artificial ingredients, however it contains artificial and bioengineered ingredients, disclosed several lines beneath the ingredient list, the lawsuit states.
As a result of the “false and misleading representations,” the product is sold at a premium price, McMenamy says, no less than $5.49 for one 12 oz container.
She is looking to represent a New York class of consumers who bought Ovaltine, plus a consumer fraud multistate class of Ovaltine consumers from Alabama, Wyoming, Montana, Alaska, Texas, Arizona, New Mexico, Mississippi, Utah, Nebraska, North Carolina, Tennessee and West Virginia.
She is suing under state consumer laws and for breach of warranty, negligent misrepresentation, fraud, unjust enrichment and seeking certification of the class action, damages, fees, costs and a jury trial.
Earlier this month, an Illinois federal judge granted final approval to a $21 million class action settlement resolving claims Coca-Cola and Fairlife, among other companies, falsely advertised that their milk products came from humanely treated dairy cows.
What do you think of the claims in the Ovaltine lawsuit? Let us know in the comments!
The plaintiff is represented by Spencer Sheehan of Sheehan & Associates, and James Chung of the Law Offices of James Chung.
The Nestlé class action lawsuit is Mary McMenamy v. Nestlé USA Inc , Case No. 5:22-cv-01053-TJM-ATB in the U.S. District Court for the Northern District of New York.
Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join!
Read About More Class Action Lawsuits & Class Action Settlements:
Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *
Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.
@2022 Top Class Actions. All Rights Reserved. Privacy Policy | Terms and Conditions