La Fermiere Yogurt ‘Misrepresented’ as Made in France, Class Action Claims

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A proposed class action alleges La Fermiere profits off the booming foreign-made goods market by representing that its yogurt products are made in France, despite being made in New York.

The 20-page suit claims that La Fermiere misleads reasonable consumers as to the country of origin of its yogurt by including the words “Naturally French” on product labels. Per the case, the company, who runs the United States operations for a French-based manufacturer who makes yogurt for sale throughout Europe, is able to charge a premium “based on these misrepresentations.” 

The suit argues that for many consumers, authenticity has overtaken quality as the primary factor in purchasing decisions. In light of this, manufacturers and marketers have taken to using origin claims to make their products stand apart from those of competitors, knowing consumers “rely on the accuracy of those claims” in deciding what to buy, the complaint says. 

“Consumers often pay a premium price for what they perceive to be authentic products, particularly those perceived to be authentically associated with a specific place, such as France, in the case of Defendant’s Products,” the suit states. 

Contrary to how La Fermiere positions its yogurt, the products are made stateside, in New York, the lawsuit relays. 

The case says that in March 2022, Taste France, an entity “steered by the French Ministry of Agriculture and Food,” reported on La Fermiere opening a new factory in the U.S. to meet rising demand. The article, which includes quotes from La Fermiere’s CEO, states that “[h]is products, which are labelled ‘Naturally French,’ benefit from the ‘Made in France’ reputation, which is very popular with American consumers,” according to the complaint. 

“Therefore, it is abundantly clear that Defendants’ misrepresentations are false and misleading and are intended to be,” the suit alleges. 

The case contends that neither the plaintiff nor other consumers would have bought La Fermiere yogurt, or would have paid as much as they did, had the products been properly represented. 

“Consumers do not view the back label of the Products when purchasing everyday food items such as yogurt,” the lawsuit reads. “The Products’ front labels indicate they are yogurt made in France. Therefore, Plaintiff did not view the Products’ back label prior to purchasing the Products.” 

The suit looks to represent all U.S. residents who, within the applicable statute of limitations period, bought La Fermiere yogurt—including in vanilla bean, pressed lemon, orange blossom honey, rose, lavender, mango passion fruit, raspberry blueberry, peach apricot, strawberry pomegranate, salted caramel, pineapple coconut and plain flavors—for purposes other than resale. 

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