CENTRAL ISLIP, N.Y. (Legal Newsline) - A class action lawyer with a history of pursuing questionable theories is now suing Campbell Soup Company because "Beef" is the largest word on some cans but not the predominant ingredient.
Campbell Soup Company is facing a class action lawsuit filed Feb. 29 by Eunice Barrera in U.S. District Court for the Eastern District of New York. Her lawyer is Spencer Sheehan of New York.
The plaintiff alleges that Campbell's misrepresents its canned soup product labeled as "Beef with Country Vegetables." Despite the emphasis on beef, including its placement before "vegetables" and in a larger font, the soup is predominantly made from vegetables, the suit complains.
This information is only revealed in the fine print of the ingredient list on the back label, the suit says.
The lawsuit also argues that the product is "misbranded" because it implies that beef is the predominant ingredient, which is misleading to consumers. Additionally, it claims that the term "Country Vegetables" falsely suggests that the carrots and potatoes are prepared in pastoral areas before being combined with other ingredients.
In reality, these vegetables are prepared at an industrial scale, the suit says.
Further, the suit alleges that "Beef with Country Vegetables" does not constitute a "common or usual name," which facilitates consumer comparison and ensures products are identified consistently.
Other soups like Progresso’s “Beef & Vegetable” and Walmart’s Great Value brand, “Beef with Vegetable,” identify “beef” before “vegetables” in their names but contain more beef ingredients than vegetable ingredients, the suit says.
Sheehan is well-known in class action circles for the prolific amount of cases he has filed over novel theories of consumer deception that have sometimes angered judges. He's even been sued by one of his targets for naming it as defendant even though it had no connection to the case.