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Strawberry Pop-Tart attorney has filed more than 400 similar lawsuits : NPR

In recent times, New York-based lawyer Spencer Sheehan has filed greater than 400 lawsuits focusing on merchandise in nearly each aisle of the grocery retailer over what he says are deceptive claims on promoting and packaging.

Spencer Sheehan


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Spencer Sheehan


In recent times, New York-based lawyer Spencer Sheehan has filed greater than 400 lawsuits focusing on merchandise in nearly each aisle of the grocery retailer over what he says are deceptive claims on promoting and packaging.

Spencer Sheehan

This week, it was strawberry Pop-Tarts — with a lawsuit claiming damages over what it calls “misleading” advertising and marketing by Kellogg’s of its pastries that comprise simply as a lot apple and pear as strawberry.

Earlier than that, there have been the fudge lawsuits, with claims in opposition to Keebler and Betty Crocker and others over “fudge” cookies and baking mixes that contained no milkfat.

And naturally, the 120 or so vanilla lawsuits, every alleging that buyers have been duped by corporations advertising and marketing “vanilla” merchandise that comprise little to no precise vanilla bean.

If the flavour on the label would not match the ingredient checklist, that will result in a lawsuit.

Andrew Burton/Getty Photos


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Andrew Burton/Getty Photos


If the flavour on the label would not match the ingredient checklist, that will result in a lawsuit.

Andrew Burton/Getty Photos

These fits and scores of others have been all filed by the identical lawyer, a New York-based plaintiffs’ lawyer named Spencer Sheehan. In recent times, Sheehan has filed greater than 400 lawsuits focusing on merchandise in nearly each aisle of the grocery retailer, all alleging that companies are deceptive customers with claims on promoting and packaging that, Sheehan says, do not maintain as much as scrutiny.

His prolificacy has nearly single-handedly prompted a historic spike within the variety of class motion lawsuits in opposition to meals and beverage corporations — up greater than 1000% since 2008 — in an effort that has vexed meals corporations and received respect from shopper advocacy teams.

“I assume I’ve at all times been the kind who would develop into irritated [and] by no means favored it when corporations cheated individuals for small quantities it could be troublesome to recoup,” Sheehan informed NPR this week.

He recordsdata about three lawsuits per week

The breadth and tempo of Sheehan’s efforts are outstanding: He filed swimsuit in opposition to Frito-Lay alleging it did not use enough real lime juice in its “hint of lime” Tostitos. He accused Coors of suggesting its pineapple-and-mango-flavored Vizzy Hard Seltzers are sources of Vitamin C “nutritionally-equivalent” to precise pineapples and mangos. He mentioned Snack Pack pudding — which is marketed as being “made with actual milk” — misled customers as a result of it’s made with fat-free skim milk.

And that was simply Might 2021. Sheehan filed six different fits that month, and within the months since, he has filed no less than 70 extra, at a charge of about three per week.

He has develop into so well-known that on a regular basis individuals now attain out to him with suggestions for doable lawsuits, he says.

How a lot lime is in a touch of lime?

screenshot from court docket submitting


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screenshot from court docket submitting


How a lot lime is in a touch of lime?

screenshot from court docket submitting

“Like when the police arrange a tip line, 95% of the information they’ll obtain are rubbish from individuals that do not have something, however there could also be one in there,” he says. “I attempt to not overlook issues which may have some worth.”

“I feel there may be some benefit to his work,” mentioned Bonnie Patten, the chief director of Fact In Promoting, a corporation devoted to shopper training about misleading advertising and marketing. “Sitting right here at this time and seeing all of the press that has been given to this concern, realizing that training is the easiest way to assist customers not be deceived – I feel he is completed an incredible job at spreading the phrase.”

Although Sheehan has dabbled in different areas like T-shirts and bike helmets, the overwhelming majority of his fits concern meals and drinks.

This yr may set a file for fits in opposition to meals corporations

Class motion fits in opposition to meals and beverage corporations have spiked dramatically in recent times, rising from 19 in 2008 to greater than 200 final yr despite a pandemic-related dip in different areas of civil litigation, according to Perkins Coie, a regulation agency that tracks such circumstances and represents companies in litigation.

2021 is on observe to shatter that file, with greater than 280 whole fits filed up to now, in keeping with Tommy Tobin, a lawyer with the agency.

“We definitely know of Mr. Sheehan,” mentioned Tobin, who has represented corporations in litigation introduced by Sheehan, as produce other legal professionals at Perkins Coie. The agency has beforehand represented Common Mills and Molson Coors — two corporations at present dealing with lawsuits from Sheehan.

He actually would not like false labeling of vanilla

Sheehan’s most seen work is his collection of lawsuits about vanilla, which have been lined by the Wall Street Journal and Enterprise Insider. He has filed circumstances focusing on vanilla merchandise of every kind — soda, soy milk, yogurt, ice cream — all of which use artificial vanilla or different flavors alongside or rather than the dearer pure vanilla. Perkins Coie says a number of dozen lawsuits centered on merchandise which can be marketed as vanilla prior to now two years have been overwhelmingly filed by Sheehan.

Within the strawberry Pop-Tart case, the Kellogg Firm, the maker of Pop-Tarts, has requested the choose to dismiss the case, citing a number of of Sheehan’s different, unsuccessful fits.

“Kellogg’s reference to 1 ingredient (strawberries) on the labeling of Frosted Strawberry Pop-Tarts doesn’t plausibly recommend that strawberries are the one fruit within the product or indicate that they’re current in a better quantity than they’re,” the corporate’s legal professionals wrote.

The choose has not but dominated on that movement. Legal professionals representing Kellogg didn’t return a request for remark.

He says his purpose is not cash. However these fits are profitable

Sheehan says that his purpose with the Pop-Tart case, and all his others, is not cash — however relatively, he needs corporations to market their merchandise actually.

“When one thing is regulated, there must be much less area for [companies] to stroll round and attempt to weasel round,” Sheehan mentioned. “Hopefully they repair their labeling [to] honestly symbolize what’s within the product.”

Nevertheless, profitable or settling even a small share of circumstances will be profitable.

Most of Sheehan’s fits, together with the strawberry Pop-Tart circumstances, allege damages primarily based on the so-called “worth premium idea,” which says that merchandise are offered at greater costs than they might have in any other case commanded had the businesses marketed them actually.

What does actual milk on the label promise?

screenshot from lawsuit


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screenshot from lawsuit


What does actual milk on the label promise?

screenshot from lawsuit

He usually claims no less than $5 million in whole damages to customers nationwide.

Whereas the full is excessive, the alleged harm to people is small — maybe a greenback and even much less for every product bought — which means any potential payouts to customers could be tiny, Sheehan acknowledged.

“We’ve to just accept, for higher or worse, that sure, in all these circumstances — the cash that they get again is — they don’t seem to be going to have the ability to retire,” Sheehan mentioned. “Typically individuals might get again $5, $10, $20.”

Against this, because the plaintiffs’ lawyer, Sheehan is ready to take house a big chunk of any winnings or settlement.

“Typically, the plaintiff’s lawyer might be taking house between 25 and 33%,” mentioned Patten of Fact In Promoting. “The overwhelming majority of customers will get completely nothing, and a really small share will get subsequent to nothing.”

Most circumstances are settled relatively than go to trial

Dozens of Sheehan’s circumstances have been “voluntarily dismissed” this yr, which means Sheehan requested the choose dismiss the case. Voluntary dismissal, consultants agreed and Sheehan acknowledged, sometimes signifies a settlement.

Requested whether or not settlements recommend that Sheehan could also be onto one thing along with his claims, protection lawyer Tobin demurred.

“To whir up the equipment of a litigation division is pricey and time-consuming for the corporate,” mentioned Tobin. “For a lot of circumstances, a nuisance sort of settlement is likely to be advantageous in comparison with extra in depth litigation prices.”

If Sheehan’s purpose is actually to vary firm follow, Patten says, class motion fits will not be the best technique — both judges dismiss the circumstances or corporations attain settlement agreements.

“Numerous time with these class actions, they settle and put some huge cash into the pockets of plaintiffs’ attorneys. And ultimately, defendants get nice settlement agreements that shield them from future misleading advertising and marketing claims,” she mentioned.

When requested about his most profitable case, Sheehan factors to not any settlement, however as a substitute to a case in opposition to the makers of A&W root beer.

In that case, Sheehan sued over the declare that A&W’s root beer and cream soda are “made with aged vanilla.” Actually, the sodas are made with an artificial vanilla flavoring. (The corporate has since dropped the declare from its labels and cans, in keeping with court docket paperwork.)

And, as of July, it’s his first case during which the choose licensed the category – an essential step in any class motion lawsuit that enables the swimsuit to proceed to discovery, and probably, a trial.

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