A New York resident has sued Campbell Soup Co. alleging that its “Less Sodium” and “Healthy Request” tomato soups are falsely advertised because they contain the same levels of salt and fat as the company’s “regular” tomato soup. Smajlaj v. Campbell Soup Co., No. 1:33-av-00001 (U.S. Dist. Ct., D.N.J., filed March 12, 2010).
Seeking to certify a nationwide class of soup purchasers, the plaintiff alleges that while the company’s “25% Less Sodium” tomato soup contains 480 mg of sodium per serving, so does the company’s “regular” tomato soup. She also alleges that “Healthy Request” soup, advertised as “low in fat and cholesterol,” contains 1.5 grams of fat per serving, while the “regular” tomato soup has 0 grams of fat per serving. According to the complaint, the company sells the “Less Sodium” and “Healthy Request” soups “for a substantially higher price—up to at least 50% higher,” than the “regular” soup.
The plaintiff alleges violation of the New Jersey Consumer Fraud Act, breach of express warranty, unjust enrichment, and injunctive relief. Claiming that the amount in controversy exceeds $5 million, she seeks treble damages, restitution, disgorgement, preliminary and permanent injunctive relief restraining the alleged unlawful practices, attorney’s fees, and costs.