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.”

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]