Jurisdiction(s):
Ireland

New York federal court allows Kerrygold 'Pure Irish butter' PFAS labelling class action; price-premium standing accepted, injunctive relief dismissed

Published on: 24 April 2024

Published by a Law360 reporter

Legal News

Article summary

In an 18-page order, US District Judge Frederic Block partly granted and partly rejected Ornua Foods North America Inc.’s motion to dismiss a proposed class action by Carolyn Winans, who accuses the company behind the Kerrygold butter brand of misleadingly marketing the product as ‘pure’ despite the presence of allegedly harmful synthetic additives. Winans contends the butter contains per- and polyfluoroalkyl substances (PFAS), chemicals used in manufacturing since the 1940s that persist in the environment and bioaccumulate in people and animals because they break down slowly. She alleges PFAS are linked to numerous health issues, including thyroid disorders, immunotoxic effects, several cancers, liver damage, fertility problems and asthma, and notes that New York has banned foods whose packaging contains PFAS. According to Winans, the phrase ‘pure Irish butter’ on Kerrygold packs misleads reasonable consumers into believing the butter is free from artificial chemicals. She asserts violations of New York General Business Law sections 349 and 350 and the New York State Agriculture & Markets Law, and also pleads negligence per se and unjust enrichment, seeking injunctive relief...

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