Buzz
In the realm of food-related lawsuits, fault always lies with one party. Frequently, companies are caught misleading their consumers, though sometimes, customers themselves present wildly exaggerated claims.
Although most lawsuits are relatively simple, a handful have captured global attention. Some were legitimate class-action cases, while others appeared to be weak efforts to blame the food industry for unrelated issues. Below are ten bizarre, unbelievable, and eye-opening legal disputes tied to the food sector.
10. The Controversy Over Ginger Content in Canada Dry
Ginger ale is commonly used to soothe stomachaches and fevers due to its carbonation and the natural medicinal properties of ginger. However, in 2018, Julie Fletcher discovered the absence of the word 'ginger' in Canada Dry’s ingredient list and initiated a federal lawsuit. The listed ingredients for Canada Dry include carbonated water, high-fructose corn syrup, citric acid, sodium benzoate, natural flavors, and caramel color. According to her attorney, Michael J. DeBenedictis, Fletcher assumed Canada Dry used ginger root in their soda, believing it to be a healthier option compared to other sodas.
The company countered by stating that ginger is part of the process used to create the 'natural flavoring' mentioned in the ingredients. Adding to Fletcher’s confusion was a 2011 Canada Dry commercial featuring a farmer and a ginger crop. The label’s claim, 'Made from Real Ginger,' further complicated the matter.
A comparable lawsuit was filed against Dr Pepper, the maker of Canada Dry, in Missouri. Laboratory tests showed no trace of ginger in the product. The company argued that the absence of detectable ginger in tests didn’t prove it wasn’t present. This lawsuit was eventually dismissed at the plaintiff’s request.
9. Popeyes Faces Lawsuit After Customer Chokes on Their Food
Typically, choking on food results from eating too quickly or failing to chew properly. However, a Mississippi man claimed otherwise when he sued Popeyes. His grievance? He had to consume a large piece of fried chicken with his hands because his drive-thru order didn’t include a knife, which allegedly caused him to choke.
Paul Newton Jr., the individual who filed the lawsuit against Popeyes, claimed he only received a spork during the incident in late 2015. His order included two chicken breasts, red beans and rice, a biscuit, and a soft drink. The meal came with napkins, salt and pepper packets, and a spork. While driving back to his office, he used the spork to eat the beans and rice. Lacking a plastic knife, he ate the chicken with his hands, which he claimed led to him choking severely.
Newton not only sued Popeyes for failing to provide a plastic knife but also sought compensation for his pain, suffering, and medical bills, as emergency surgery was required to remove the chicken from his throat. Ultimately, however, he decided to drop the lawsuit.
8. McDonald’s Faces Multi-Million Dollar Lawsuit Over Extra Cheese
In 2018, two Florida residents initiated a $5 million lawsuit against McDonald’s, alleging the fast-food chain charged customers up to $1 extra for unrequested cheese on their hamburgers. Leonard Werner discovered he was being overcharged for a Quarter Pounder with Cheese, despite specifically ordering it without cheese.
Werner pointed out that while McDonald’s app offers a cheese-less Quarter Pounder, their in-store menus do not. This discrepancy potentially affected up to 25 million customers, who could each receive $10 and a free sandwich if the court rules in favor of the plaintiffs. However, McDonald’s maintains that the case lacks legal merit and is confident in their defense.
7. The Froot Loops Fruit Fiasco
In 2009, Roy Werbel made waves by attempting to sue Kellogg’s for deceptive marketing, claiming he believed Froot Loops contained real, nutritious fruit. The case was initially dismissed without prejudice due to Werbel’s failure to properly serve Kellogg’s. He later refiled the lawsuit, ensuring proper service, but still faced significant legal hurdles beyond just serving the defendant correctly.
Two federal judges highlighted key issues in the earlier lawsuit. Firstly, the term “Froot” cannot be taken to imply the presence of real fruit in the cereal. “Froot” is not a real word, and fruit cannot exist in the form of “loops.” At least four lawsuits, including Werbel’s twice, have been filed against Kellogg’s over this same misconception.
6. Greek Yogurt Without the Greek
In 2014, Chobani Greek Yogurt faced legal trouble when two men sued the company, arguing that their products had no genuine Greek connection. They claimed Chobani’s yogurt was as nutritious as a fudge ice cream bar, pointing out that both contain 16 grams of sugar. Additionally, they noted that none of Chobani’s products are made in Greece and criticized the “0%” label for being misleading without further explanation.
Barry Stoltz from Scarsdale and Allan Chang from Queens initiated a class-action lawsuit, seeking unspecified damages for being misled by the “0%” label on Chobani yogurt. They believed it indicated zero calories or sugar, while it actually referred to the product being nonfat. Chobani countered by clarifying that “Greek” refers to their yogurt-making process, not its origin, and noted they had previously dismissed a similar lawsuit in California.
5. The ‘Fast Food Made Me Fat’ Legal Battle
In 2002, Caesar Barber, a 56-year-old New Yorker, filed a class-action lawsuit against fast food giants like KFC, McDonald’s, Burger King, and Wendy’s, alleging their unhealthy food harmed his health. Barber claimed he ate at these restaurants four to five times a week, even after a severe heart attack, and argued they failed to disclose their food’s ingredients. During an interview on ABC’s Good Morning America, he stated, 'They never explained to me what I was eating.'
Barber’s attorney, Samuel Hirsch, argued that the fast food industry should warn customers about the health risks of their products. Barber blamed these companies for his two heart attacks and diabetes. A food industry spokesperson expressed disbelief at Barber’s claims. While some nutrition advocates supported the idea of industry accountability for obesity, Barber’s lawsuit was the first to allege that fast food companies knowingly contributed to the U.S. obesity crisis. The case was dismissed in 2003.
4. The ‘Sugar in Jelly Beans’ Controversy
In 2017, Jessica Gomez, a California resident, sued Jelly Belly for allegedly misleading her into believing their Sport Beans were sugar-free. The product, marketed as an exercise supplement with carbs, vitamins, and electrolytes, listed “evaporated cane juice” instead of sugar in its ingredients. Gomez argued this was deceptive to health-conscious consumers.
Gomez’s lawsuit accused Jelly Belly of violating California’s Consumer Legal Remedies Act, Unfair Business Practices Law, and False Advertising Law by using misleading terminology. Jelly Belly dismissed the case as “nonsense,” asserting that the sugar content was clearly listed in the “Nutrition Facts” panel. However, the Food and Drug Administration supported Gomez, stating in 2016 that terms like “juice” should only refer to fruit or vegetable extracts.
3. Subway’s Footlong Sandwich Controversy
In 2013, an Australian teenager sparked outrage by posting a photo of a Subway footlong sandwich measuring only 28 centimeters (11 inches) instead of the advertised 30 centimeters (12 inches). The viral post led to a class-action lawsuit, which Subway settled in 2016 by committing to ensure their bread rolls met the 12-inch standard. However, the settlement faced criticism when the director of the Center for Class Action Fairness argued that the plaintiffs received minimal to no actual benefit, despite attorneys earning $520,000 in fees.
The judge overseeing the case concluded that the settlement primarily benefited the attorneys, not the plaintiffs. As a result, the settlement was dismissed in 2017. Several factors weakened the case: most Subway restaurants sold bread that was at least 12 inches long, with minor variations of only a quarter-inch. Additionally, all dough sticks used for baking were uniform in weight, but natural baking processes could result in slightly shorter or wider loaves. Finally, the amount of meat and cheese in each sandwich was standardized, ensuring that even slightly shorter sandwiches contained the same quantity of ingredients.
2. The ‘Nutella Isn’t Healthy’ Legal Battle
In 2012, Ferrero USA, the maker of Nutella, lost a class-action lawsuit filed by a parent who believed the product was healthy for her children. As part of the settlement, U.S. customers who bought Nutella between January 1, 2008, and February 3, 2012 (with different dates for California residents), could claim up to $4 per jar, with a maximum of $20 per household. Claims had to be submitted by July 5, 2012.
Athena Hohenberg, the California mother behind the lawsuit, stated she fed Nutella to her four-year-old daughter after seeing ads promoting it as a healthy breakfast option. She was dismayed to discover Nutella was essentially a candy bar. Despite online ridicule, Ferrero USA acknowledged their marketing was misleading and subsequently updated their labels and advertisements to better reflect the chocolate spread’s nutritional content.
1. Krispy Kreme’s Misleading Ingredient Claims
In 2016, a Los Angeles resident filed a lawsuit against Krispy Kreme Doughnuts, alleging the company misrepresented the ingredients in their fruit-filled and maple-glazed doughnuts. Jason Saidian sought $5 million in damages, claiming the absence of “premium ingredients” like real raspberries, maple, or blueberries in their “Chocolate Iced Raspberry Filled,” “Glazed Raspberry Filled,” “Maple Bar,” and “Glazed Blueberry Cake” doughnuts. He accused Krispy Kreme of engaging in deceptive business practices.
Saidian expressed feeling deceived, noting that the company used real fruit in products like the “Glazed Lemon Filled” and “Glazed Strawberry Filled” doughnuts. He stated that had he known the other doughnuts lacked real maple syrup, raspberries, or blueberries, he would not have purchased them. The lawsuit was voluntarily dismissed in 2017.
