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A new class-action lawsuit argues that Walmart’s milk alternatives contain non-plant-based ingredients, and are therefore “deceptively labeled.”
The lawsuit alleges that the US supermarket chain is “deceiving consumers” by labeling products as “plant-based” when they include non-plant ingredients.
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Florida woman Christina Bauer is suing Walmart for “breach of warranty” on behalf of consumers who bought Walmart’s Bettergoods milk alternatives because they “incorrectly” thought they were made with 100 percent plant-based ingredients.
Walmart produces plant-based oat, almond, and soy milk products under its Bettergoods label. Like many similar products, Bettergoods dairy-free milks are made with calcium carbonate (an inorganic compound), dipotassium phosphate (a synthetic compound), and vitamin A palmitate (a synthetic fat-soluble vitamin).
The court complaint notes that calcium carbonate can be derived from limestone, while vitamin A palmitate can be produced synthetically or derived from animal products. It also highlights the inclusion of sea salt, which serves as a flavor enhancer and natural preservative, but which is “derived from ocean water, not plants.”
“Defendants’ prominent and conspicuous labeling deliberately led reasonable consumers, including Plaintiff, to incorrectly believe that the Products are composed of only ingredients that come from plants,” the complaint says.
It later describes Walmart’s conduct as “willful,” “intentional,” and exhibiting a “reckless disregard” for the plaintiff’s “health and wellbeing.”
Plant Based News (PBN) reached out to Walmart for comment.
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‘No one is confused’
While the lawsuit argues that plant-based labels are taken literally by consumers, it is typically understood that “plant-based” simply means free from animal products.
The news of the Bauer vs Walmart lawsuit comes shortly after the EU agreed to restrict certain meaty words, but not others, as part of its hotly debated plant-based label ban. In March, European lawmakers voted to ban 31 different words from the marketing of plant foods, including “beef,” “bacon,” and “drumstick.”
In December last year, Jasmijn de Boo, the global CEO of ProVeg, said, “No one is confused by terms like ‘vegetarian sausage,’ as numerous surveys attest,” added Boo. “So, in fact, there is no need to restrict such labeling.”
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