Lawsuit Over 100% Parmesan Cheese Thrown Out

28-Aug-2017 - USA

A U.S. judge on Thursday dismissed lawsuits that accused food manufacturers and retailers cheating consumers over a "100% grated Parmesan cheese" labels although the products included non-cheese ingredients.

Activedia/ Pixabay

In 2016, Wal-Mart, Kraft Heinz Co, Target, Supervalu and other cheese makers were slapped with several lawsuits that claimed they were deceiving consumers. The lawsuits were consolidated into a single case in a multidistrict litigation in federal court in Chicago.

The judge came to a conclusion that the retailers and cheese makers were not deceiving customers, and there "labeling and marketing" should be viewed as a whole.

He noted that full ingredients are listed on the products and make clear that cellulose, a filler made from wood pulp, is mixed into the Parmesan.

U.S. District Judge Gary Feinerman said the plaintiffs' claims were not substantial as "the readily accessible ingredient panels on the products" revealed the presence of non-cheese ingredients.

The judge also said reasonable consumers should understand that the grated cheese must contain some additives, as it does not require refrigeration before the container is opened.

"Cheese is a dairy product, after all," Feinerman said, "and reasonable consumers are well aware that pure dairy products spoil, grow blue, green, or black fuzz, or otherwise become inedible if left unrefrigerated for an extended period of time."

Judge also said that there are multiple ways to interpret the "100%" as the label could have meant that the cheese is 100 percent grated or that 100 percent of the cheese in the product is Parmesan as opposed to cheddar. (dpa)

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