In April, a New York federal court denied certification for a
purported class alleging that Johnson & Johnson misled
customers by placing the words "no trans fat" on labels
for its Benecol buttery spreads. See Bowling v. Johnson &
Johnson, et al., 1:17-cv-03892, S.D.N.Y. 2017. The court's
order focused on issues highly specific to the lead plaintiff,
showing the benefits of carefully investigating the lead plaintiff
in class actions.
Case Background
In 2017, Suzanna Bowling brought suit against Johnson &
Johnson alleging that the labeling for its Benecol buttery spreads
was misleading. According to the complaint, the labeling includes
text reading "No Trans Fat" and "No Trans Fatty
Acids," some of which is in "all capitalized, bolded
letters." It was these statements that the complaint alleged
misled a New York class of customers to purchase, and overpay for,
the product.
