Campbell’s Soup ‘less sodium’ soup case to proceed

By Caroline Scott-Thomas

- Last updated on GMT

A federal judge has ruled that a case against the Campbell Soup Company can proceed, in which four New Jersey women claim that the company’s ‘less sodium’ claim on tomato soup is misleading.

The women have accused Campbell’s of selling its ‘25% less sodium​’ tomato soup at a premium price, although it contained the same amount of sodium per serving – 480mg – as its regular tomato soup​. Consumers could expect to pay 20 to 80 cents more for the ‘less sodium’ variety.

The class action suit seeks an injunction against misleading labeling and a refund for customers who bought the less sodium variety at a premium to Campbell Soup’s regular version.

Campbell’s has said that it will fight the case, and that the allegations are without merit. It said that the claim on its less sodium tomato soup does not attempt to make a comparison with its regular tomato soup, but rather with a range of its regular soups.

The company said in a statement: "Campbell has complete confidence in the accuracy of our labels and our marketing communications and that they meet regulatory and other legal requirements."

In its attempt to dismiss the case, Campbell’s said that it was not necessary for it to name one variety of soup with which its lower sodium claim would be compared, but that it could use an average amount of sodium across a range of its regular soup varieties as a reference point.

US district judge Jerome Simandle denied a motion to dismiss the case, saying that reasonable consumers could be expected to find the less sodium claims misleading.

Simandle said in his ruling: “It is a plausible inference from the facts alleged that it was reasonable for Plaintiffs to expect that the soups they were receiving had 25%-30% less sodium than the regular tomato soup, when the soups in fact had approximately the same amount of sodium.”

The ruling in Smajlaj v. Campbell Soup Co., No. 10-1332 is available online here​.

Related news

Show more

Related products

show more

Dupont

Naturally-Derived Carrier and Extraction Solvent

DuPont Tate & Lyle Bio Products | 17-Oct-2017 | Technical / White Paper

Zemea® USP-FCC enables flavorists to use an alternative to petroleum-based carriers and solvents that is naturally-derived, environmentally sustainable,...

OLAM SVI-Spices-610x343

Olam SVI Spices MarketReport Apr ’17

Olam SVI | 11-Oct-2017 | Data Sheet

Olam SVI's experts regularly publish supply chain forecasts and critical market intelligence to help its customers. The April 2017 Olam SVI Spices...

High Pressure Processing  - HPP

High Pressure Processing - HPP

Accurate filing of high value FMCG in glass jars | 22-Sep-2017 | Technical / White Paper

HPP offers opportunities for product innovation and extended shelf life. HPP is a proven all-natural technique that preserves the vitamins, taste and texture...

Related suppliers

Follow us

Products

View more

Webinars