100% Grated Parmesan Cheese Claims

December 2020: The Seventh Circuit Court of Appeals reversed the dismissal finding that average consumers are not likely to understand that the phrase 100% Grated Parmesan Cheese means that the product is a blend of cheese and other substances.

September 2019: Plaintiffs filed a Notice of Appeal regarding several court orders, including the August 2017 and November 2018 dismissals.

November 2018: A federal judge dismissed false advertising claims concluding that reasonable consumers would not be misled.

October 2017: Five amended complaints were filed similarly alleging that 100% grated cheese products are not 100% cheese. Click on the links below to see each complaint.

August 2017: A federal judge dismissed the five consolidated class-action complaints in this multidistrict litigation finding that the marketing is not deceptive because the ingredient list on the label discloses that the products contain non-cheese ingredients. The judge also concluded that the “100% Grated Parmesan Cheese” description is ambiguous because there are at least three reasonable interpretations of the phrase: (1) the product is 100% cheese, (2) 100% of the cheese in the product is parmesan, and (3) the parmesan cheese is 100% grated. The dismissal was without prejudice.

2016: Multiple class-action lawsuits alleging that Walmart, Target, Supervalu, The Kraft Heinz Company, Albertsons, ICCO-Cheese Company, and Publix Super Markets misleadingly market parmesan cheese products as “100%” grated parmesan cheese when, according to the complaints, the products contain ingredients other than cheese were transferred to a multidistrict litigation. (In Re: 100% Grated Parmesan Cheese Marketing and Sales Practices Litigation, Case No. 16-cv-5802, N.D. Ill.; MDL No. 2705)

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When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled.

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