Los Angeles, CA: A consumer fraud class action lawsuit has been filed against Fage Dairy Processing SA over allegations the company deceptively markets its yogurt as being healthy. Specifically, the lawsuit cites Fage' use of the term "0 percent"on its Greek yogurt packaging, without telling consumers to what the 0 percent refers.
Filed by plaintiff Barry Stoltz, the lawsuit claims that because the "0 percent"is vague, consumers are led to believe it refers to a low sugar content. However, according to the complaint, a typical container of Fage yogurt has more sugar than a Nestle Fudge ice cream bar.
"Defendants intend to create consumer confusion by causing purchasers to impute any meaning to the 0 percent that consumers wish, such as that the products lack sugar, carbohydrates, calories or any other content which a consumer may believe is unhealthy,"the lawsuit states.
The amount of sugar in a serving of Fage Total 0 percent products ranges from 7 to 29 grams, with most products having 16 or 17 grams. By comparison, an equivalent serving of Nabisco Oreo "Double Stuff"cookies contains 13 grams of sugar. According to Fage's website, Fage Total 0 percent brand yogurt is "fat free, protein rich"and a good source of calcium that is appropriate for vegetarians.
Additionally, the lawsuit contends that Fage' use of the phrase "0 percent"is an attempt by Fage to create an association with the yogurt and products such as Coke Zero, which actually are low in sugar.
In addition to suing under the Federal Food, Drug and Cosmetic Act, which prohibits interstate commerce involving misbranded food, drug devices and cosmetics, the plaintiffs are also suing under New York's Deceptive Acts or Practices Law, which prohibits similar activity at the state level. The complaint allege Fage is violating similar laws in all 50 states and the District of Columbia.
The cases are Stoltz, et al. v. Fage Dairy Processing SA, et al., case number 1:14-cv-03826, in the U.S. District Court for the Eastern District of New York. The plaintiff is represented by C.K. Lee of Lee Litigation Group PLLC.
