A New York federal court has dismissed a lawsuit alleging that BEF Foods Inc. misleadingly marketed its Bob Evans mashed potatoes as containing butter. Sarr v. BEF Foods, No. 18-6409 (E.D.N.Y., entered February 13, 2020). The lawsuit alleged that the packaging promised “real butter” and “fresh potatoes” despite containing vegetable oil and preservatives.
The court found that the product’s ingredient list disclosed that the mashed potatoes contained both vegetable oil and butter, with butter as the more predominant ingredient. The court was also unpersuaded on the “fresh potatoes” point. “No reasonable consumer would conclude that the phrases ‘Made with Fresh Potatoes’ and ‘Made with 100% Fresh Potatoes’  imply that the finished Mashed Potatoes product itself was ‘just prepared’ or lacking preservatives,” the court held. “BEF’s representations unambiguously mean that the potatoes used as an ingredient in the Mashed Potatoes were fresh when so incorporated.”
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