Dive Brief:
- Van's International Foods, a brand under the Tyson Foods umbrella, has agreed to settle for up to $9 million in a lawsuit that questioned the validity of the "all natural" label present on some of the company's frozen breakfast products. The products contained sodium acid pyrophosphate (SAPP), a synthetic leavening agent.
- According to Meat + Poultry, "In a statement, Tyson said SAPP is '… commonly used in small amounts in baking powder to help products rise during the baking process and is commonly found in baking powder …' "
- The Hillshire Brands Company acquired Van's in April 2014, and Tyson acquired Hillshire a few months later.
Dive Insight:
Tyson had more to say: "We take our ingredients very seriously and do not agree with this lawsuit," the company said. “We do not believe labeling these products as "natural" was inconsistent with consumer expectations and the ingredient at issue is clearly labeled on the packaging. Although we don't agree with the lawsuit, it's best for us to move forward as we would rather focus on delivering on our mission to provide simple, delicious foods made with wholesome ingredients," Meat + Poultry reported.
These types of mislabeling lawsuits are not uncommon, particularly surrounding products that bear the label "all natural" or "organic." In many of these cases, the company involved will accept the mislabeling mistake, unintentional or otherwise, and settle to correct the error. Tyson has settled here as well, but is being vocal in the wake of the settlement; perhaps more companies may fight back if they feel the lawsuit is unwarranted. The attorneys representing the class action case (Diana Jill Miloro et al. v. Van’s Food International Inc.) are asking for almost $2 million for expenses and fees.