Ovaltine Class Action Claims Nutrition Facts Misleading

Jessy Edwards |

October 14, 2022

Category: Food

(Photo credit: Ken Wolter/Shutterstock)

Overview of the Ovaltine lawsuit:

  • Who: A consumer files a complaint Nestlé USA due to the marketing of its product Ovaltine.
  • Why: The plaintiff alleges that the product is deceptively marketed as healthier than it is.
  • Where: The Ovaltine class action lawsuit was filed in federal court in New York.

Nestlé USA is marketing its flavored drink Ovaltine as healthier than it is, according to a new class action lawsuit.

Plaintiff Mary McMenamy filed the class action lawsuit against Nestlé USA Inc on October 11 in federal court in New York, alleging violations of state and federal consumer laws.

Nestlé manufactures and sells flavored drink mixes represented as “A good source of 12 vitamins and minerals †” and having “No artificial ones ‡” under the Ovaltine brand, the lawsuit states.

To make the nutrition claim that the product is “A good source of 12 vitamins and minerals†”, the product must provide between 10-19% of the recommended daily allowance or recommended daily value of at least 12 vitamins and minerals under the law, says the plaintiff.

“However, the product is not a ‘good source’ of 12 vitamins and minerals, as it requires the purchaser to ‘mix with 1 cup low fat milk of vitamins A and D’, listed in the third column of nutritional value,” the lawsuit states.

Ovaltine hides information revealing need to mix with milk to get nutritional value, lawsuit says

The product only “quietly” discloses that a consumer would need to add milk to achieve the nutritional promise, in small text, according to the lawsuit.

“Even though shoppers see this smaller print, the instructions and ingredients are only listed on the back of the container, and are inconsistent and unclear,” he says.

The product also claims to have no artificial ingredients, but it does contain artificial and bio-engineered ingredients, disclosed several lines below the ingredient list, the lawsuit states.

Due to “false and misleading representations,” the product is being sold at a high price, McMenamy says, no less than $5.49 for a 12 oz container.

She seeks to represent a class of New York consumers who purchased Ovaltine, as well as a multi-state consumer fraud class of Ovaltine consumers from Alabama, Wyoming, Montana, Alaska, Texas, Arizona, New Mexico, Mississippi, Utah, Nebraska, North Carolina, Tennessee and West Virginia.

She is suing under state consumer laws and for breach of warranty, negligent misrepresentation, fraud, unjust enrichment and seeks class action certification, damages, costs, costs and a jury trial. .

Earlier this month, a federal judge in Illinois granted final approval to a $21 million project class action settlement complaint resolution Coca-Cola and Fairlife, among other companies, have falsely advertised that their dairy products come from humanely treated dairy cows.

What do you think of the claims in the Ovaltine lawsuit? Let us know in the comments!

Plaintiff is represented by Spencer Sheehan of Sheehan & Associates and James Chung of the Law Offices of James Chung.

The Class action against Nestlé is Mary McMenamy v Nestle USA IncCase No. 5:22-cv-01053-TJM-ATB in the U.S. District Court for the Northern District of New York.



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