E.V.Oh.No! Olive Oil Salad Dressing Maker Must Face False Advertising Suit

An Illinois federal court recently rejected packaged food company Pinnacle Foods Group LLC’s attempt to dismiss a putative class action suit against it over its line of “Wishbone E.V.O.O. Dressing- Made With Extra Virgin Olive Oil” salad dressings. The lead plaintiff allegedly purchased a bottle of the dressing in Illinois and took it across state lines to his residence in Missouri. He contends that the “E.V.O.O.” and “Made With Extra Virgin Olive Oil” labels are misleading because the dressing in fact contains mostly water and soybean oil and only a small amount of extra virgin olive oil, causing him and other class members to overpay at least 25 percent for the “cheap, fraudulent imitation made with cheap fillers and other inferior ingredients.” He sued Pinnacle for violations of Missouri and Illinois consumer protection laws and common law unjust enrichment. Although Pinnacle tried to dismiss the plaintiffs’ claims…

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