On October 19, 2011, Meiselman, Denlea, Packman, Carton & Eberz P.C. filed a class action in Federal District court for the District of New Jersey against Smart Balance, Inc., on behalf of all consumers who purchased Smart Balance’s "Fat Free" milks containing Omega-3s.
Smart Balance sells "Fat Free" milks containing Omega-3s, which purportedly taste as rich and creamy as 2% milk or whole milk. Unfortunately, however, despite aggressively labeling its milks as "Fat Free", Smart Balance’s line of "Fat Free" milks with Omega-3s actually contain 1 gram of fat per serving, double the legal limit of 0.5 grams of fat per serving that a food is legally permitted to contain to label itself "Fat Free". The Smart Balance milks that contain 1 gram of fat despite labeling themselves as "Fat Free" include:
•Smart Balance® Fat Free Milk and Omega-3s
•Smart Balance® Lactose -Free Milk and Omega-3s
•Smart Balance® HeartRight® Fat Free Milk and Omega-3s, Vitamin E and Natural Plant Sterols
The lawsuit filed by Meiselman, Denlea, Packman, Carton & Eberz seeks to redress this unfair, deceptive, and otherwise improper business practice that Smart Balance is employing against unsuspecting consumers. The lawsuit seeks damages, including, but not limited to, a refund of the monies paid for the Smart Balance milks referenced above. The lawsuit also seeks to change Smart Balance’s advertising of these "Fat Free" milks going forward so that future unsuspecting consumers will not fall prey to Smart Balance’s deceptive conduct.
If you or someone you know purchased any of these Smart Balance "Fat Free" milks, please contact us to discuss your legal options.