A group of buyers is alleging that food companies and stores deceived them into believing their cheese products were made of 100% pure Parmesan cheese, according to a report in Law 360. The group told the Seventh Circuit earlier this week that when U.S. District Judge Gary Feinerman dismissed the bulk of their claims, he went against established law. Judge Feinerman decided that as a matter of law consumers could not be misled by claims on the front of the package because they could check the ingredients label in the back.
The buyers told the Seventh Circuit the judge should have let a jury decide whether consumers could be deceived by the labeling. A number of class actions over the labeling were rolled into multidistrict litigation in 2016, and consumers then filed five consolidated complaints, one against each defendant in the MDL.