A federal appellate court has revived a consumer class action against the grocery chain The Kroger Co., which included a label on the front of store-branded breadcrumb containers touting “0g Trans Fat per serving” even though the product actually contained trans fats.
The U.S. Court of Appeals for the Ninth Circuit found Thursday that federal food labeling laws, which at the relevant time required nutrition labels to note 0g of Trans Fat in instances where there’s less than 0.5g per serving, didn’t greenlight Kroger to tout the numbers elsewhere on the packaging. In doing so, the court re-upped its earlier holding in a case involving Johnson & Johnson that “a requirement to state certain facts in the nutrition label is not a license to make that statement elsewhere on the product.”
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