World Advertising News

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A putative class action that accuses the manufacturer of Dreamfields Pasta of false advertising is all but done, and a proposed settlement filed April 14 would, if approved, require Dakota Growers Pasta Co. to pay nearly $8 million to consumers and to the plaintiffs' attorneys.

The suit in the U.S. District Court for the District of New Jersey challenged Dakota Growers' labeling and marketing of the pasta as healthier than regular spaghetti, macaroni and other such noodles because it contained fewer grams of "digestible" carbohydrates.

The pasta's slogan was "Healthy Carb Living," and the product, which sold at a higher price than regular pasta, was also falsely advertised as a good alternative for diabetics because of its purported "Lower Glycemic Index," the proposed class action complaint alleged. Read the complaint here and the motion for preliminary settlement here.

In Joseph Mirakay v. Dakota Growers Pasta Co., Inc., the plaintiffs said independent scientific tests of the defendants' carb and glycemic contentions did not back them up. For instance, test subjects had the same blood sugar response curves with Dreamfields' noodles as with ordinary pasta, the complaint states.

In the settlement agreed to by both sides, Post Holdings Inc.'s Dakota Growers agreed to remove the allegedly false and misleading low-carb and glycemic claims from product labels and marketing for at least a year. The company also agreed to establish a $5 million settlement fund for customers who submit a claim form, along with $2.9 million for legal fees and expenses.

The defendants are represented by Lorna Dotro, Coughlin Duffy LLP. Plaintiffs' counsel is Daniel Gluck, Zaremba Brownell & Brown PLLC.

Lisa Hoffman contributes to law.com.