BROOKLYN, N.Y. (Legal Newsline) – The lawyer who questioned the existence of vanilla in ice cream and other products is now suing the maker of a popular pudding over its “Made with real milk” claim.
Spencer Sheehan of Sheehan & Associates sued Conagra Brands on June 12 in federal court, alleging its Snack Pack, alleging what appears to be a trademark sign after the “Made with real milk” claim on its packaging is actually an asterisk, when viewed under a microscope.
And after finding nonfat milk in the ingredients list, Sheehan filed suit. He says what Conagra is using doesn’t meet the Food and Drug Administration’s definition of milk because it doesn’t contain enough milkfat.
Snack Pack Chocolate Fudge Pudding instead gets its fat from palm oil.
“Palm oil is only fat and lacks any vitamins (such as Vitamin A), minerals or protein,” the complaint says.
“Since Vitamin A is present in milkfat, which is removed from the nonfat milk in the product, it has negligible Vitamin A compared to the expected 2% daily value that ‘real milk’ would have provided.”
Sheehan is known for his dozens of lawsuits that say companies misled consumers into thinking their products contained real vanilla when they actually were made of vanilla flavoring.