MILWAUKEE, Wis. (Legal Newsline) — A Wisconsin woman claims Mrs. Smith's frozen apple pie crust is not made with real butter as the label states.
Annie White, individually and on behalf of all others similarly situated, filed a complaint in the U.S. District Court for the Eastern District of Wisconsin against Schwan's Consumer Brands, Inc., alleging violation of the Wisconsin Unfair Trade Practices Act and other claims.
White alleges in her class action that she purchased the defendants frozen apple pie sold under the Mrs. Smith's brand at stores including Walmart in Kenosha between 2021 and 2023. She claims that although the pie's front label states the crust is "made with real butter," that the label is misleading because the pie's primary crust ingredients are palm oil and "shortening butter blend."
White further claims the amount of butter in the crust is de minimis and that the product contains more soybean oil, water and salt than butter. She alleges that consumers relied on the pie's labeling and that the product's ingredient list does not list the ingredients by their common name and by descending order of "predominance by weight" required by federal and state laws.
White and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York.
U.S. District Court for the Eastern District of Wisconsin Milwaukee Division case number 2:23-CV-00147