CHICAGO (Legal Newsline) - Butter spray has no butter in it, a new class action says.
Charles Strow, individually and on behalf of all others similarly situated, filed a federal class action complaint on September 27 in the Northern District of Illinois against The J. M. Smucker Company for Illinois Consumer Fraud and Deceptive Business Practices Act, violation of State Consumer Fraud Acts, breaches of express warranty, implied warranty of merchantability and Magnuson Moss Warranty Act, negligent misrepresentation, fraud and unjust enrichment.
According to the complaint, J. M. Smucker Company manufactures, labels, markets, and sells “Butter – No-Stick Spray” without any butter under its Crisco brand. Strow alleges that this is false because the ingredients do not actually contain any butter.
Federal and identical state regulations prohibit false and deceptive practices with respect to labeling food and beverages and J. M. Smucker Company's advertising of “Butter – No-Stick Spray” is fraud and negligent misrepresentation because there is no butter in its ingredients, the lawsuit claims. Instead, the product should be identified as an artificially butter-flavored no-stick spray, the suit says.
Strow seeks preliminary and permanent injunctive relief by directing the defendant to correct the challenged practices to comply with the law; injunctive relief to remove, correct and/or refrain from the challenged practices and representations, and restitution and disgorgement for members of the class pursuant to the applicable laws; monetary damages, statutory and/or punitive damages, cost of suit and attorney's fees. Strow is represented by Spencer Sheehan.
U.S. District Court Northern District of Illinois Eastern Division case number 1:21-cv-05104