Bob Evans Ducks Suit Over 'Real Butter' Labels On Potatoes

Law360 (February 13, 2020, 5:37 PM EST) -- A New York federal judge on Thursday tossed a customer’s proposed class action against the makers of the Bob Evans brand of mashed potatoes, finding the product's "made with real butter" labeling isn’t rendered false by the presence of canola oil.

U.S. District Judge Allyne R. Ross told the proposed class, led by named plaintiff Boubacar Sarr, that it could not claim the labeling on BEF Foods Inc.'s Bob Evans Original Mashed Potatoes was false because what the packaging purports — that the food is made with "real potatoes, milk and butter" — is borne out in the ingredients list, which also makes...

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