According to plaintiffs, Parkay contains a significant amount of fat and calories, which
The case turned on the categorization of the product under FDA regulations, which set different serving sizes for "Fats and Oils: Butter, margarine, oil, shortening" as opposed to "Fats and Oils: Spray types." Treating Parkay as a "Spray type" product,
The Court explained that to the extent Plaintiffs' claims sought to impose requirements beyond those required by FDA regulations, they were preempted, noting "[w]hether or not the plaintiffs would ultimately be able to prove that the Parkay label misleads or deceives consumers . . . the federal regulations set the standard for food labeling."
Plaintiffs argued Parkay "must belong in the butter/margarine category [with the larger serving size] because (i)
Based on the summary judgment record, the Court found it was not possible to conclude Parkay belongs in the butter/margarine category. The Court noted FDA describes the "butter, margarine, oil, and shortening" grouping as consisting of four types of fats and oils "used interchangeably in food preparation." Plaintiffs' own expert testified to the myriad differences between Parkay and butter/margarine, and stated Parkay is a poor substitute for butter or margarine in baking or sautéing. Relying on this testimony, the Court found Parkay cannot be "used interchangeably" with butter or margarine, and therefore the plaintiffs' claims sought to enforce state law requirements that are "not identical to" federal food labeling requirements, and were preempted.
This decision underscores the
Slips Away from Parkay Oil Spray Serving Size Claims
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