Lawsuit says J&J puts trans fats in Benecol

By Carrie Bradon | May 13, 2019

NEW YORK (Legal Newsline) — A man is suing Johnson & Johnson via a class action lawsuit, alleging that he purchased a product believing it to be safe for consumption when it was not.

Matthew Chamlin, individually and on behalf of all others similarly situated, filed a complaint on April 30 in the United States District Court for the Southern District of New York against Johnson & Johnson and McNeil Nutritionals LLC alleging breach of express and implied warranties, unjust enrichment, violation of New York's General business law, negligent misrepresentation and fraud.

The plaintiff alleges that he purchased Benecol Spread that was manufactured by the defendants due to the advertising that stated that it contained no trans fatty acids, which are known to be dangerous to humans. 

The suit states, however, that the ingredient list contradicts the defendants' claim as the product does contain partially hydrogenated oils, which are known to contain trans fats. As such, the plaintiff has been harmed through the purchase and consumption of the product, he claims.

The plaintiff is seeking trial by jury, declaratory order against the defendant's conduct, compensatory, statutory and punitive damages, interest, restitution, injunctive relief and attorneys' fees and costs of the suit. The plaintiff is represented by Scott A. Bursor and Joseph I. Marchese, Frederick J. Klorczyk III and Neal J. Deckant of Bursor & Fisher P.C. in Walnut Creek, California and New York, New York.

United States District Court for the Southern District of New York Case number 1:19-CV-03852

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