Crystal Farms Refrigerated Distribution Company’s ready-to-eat mashed potatoes are the subject of a proposed class action in which the plaintiff alleges the products’ “made with real butter” representations are misleading—because the mashed potatoes contain margarine. From the complaint:
The brand name, ‘Diner’s Choice’ is unironically affixed to Products where consumers (diners) do not get to make that all-important decision when it comes to mashed potatoes – choosing butter or margarine – and instead, they get both.
No reasonable consumer would expect a mashed potatoes product which highlights, ‘Made With REAL BUTTER’ in a golden seal, to contain the one product which is essentially the opposite of butter – margarine.”
Also at issue in the suit is the defendant’s labeling of its mashed potatoes with regard to the company’s “Made With Fresh Whole Potatoes” boast. The plaintiff argues the company’s “fresh” and “made with fresh whole potatoes” claims are misleading to consumers in that mass marketed refrigerated potato products “cannot be fresh because fresh mashed potatoes have a shelf-life between 7 and 10 days,” whereas the defendant's mashed potatoes have a three-month shelf life.