Class Action Filed Against ConAgra Alleges Parkay Butter Spray Misleads Consumers
A new lawsuit filed in Nebraska federal court alleges that ConAgra, the makers of Parkay Butter Spray — a spray-bottle butter substitute, intentionally misled consumers into thinking the spray was calorie- and fat-free, when in fact, an entire bottle of Parkay Spray contained 832 calories and 93 grams of fat.
The alleged deception lies in the labeling of the nutrition value of the product. The nutritional facts label states a serving size is one spray (or .2g) and that there are 226 servings per bottle. Due to the small serving size the FDA’s labeling guidelines allow ConAgra to round small amounts of calories and fat to zero. For example, according to the FDA, claims that products are “calorie free,” “free of calories,” “no calories,” “zero calories,” “without calories,” “trivial source of calories,” “negligible source of calories,” or “dietarily insignificant source of calories” may be included on any label that contains less than 5 calories per serving. Thus, a person reading the label might reasonably think that 10 sprays of the butter still mean zero grams of fat and zero calories, when in actuality, the consumer would be consuming 37 calories and over 4 grams of fat.
The lawsuit alleges that the misleading labeling violates the Nebraska Consumer Protection Act and seeks unspecified actual and punitive damages expected to exceed $5 million.
If you believe you have been similarly misled by the deceptive labeling of a product that you purchased, please contact the attorneys at Khorrami, LLP for a free consultation regarding your potential legal claims.