Florida consumer drops false advertising lawsuit v Hampton Creek over Just Mayo

A Florida consumer accusing Hampton Creek Foods of falsely advertising its Just Mayo spread has dropped her lawsuit against the company, her attorney has confirmed.

The ‘copycat’ lawsuit, filed by plaintiff Leah Davis in March 2015, mirrored the allegations made in Unilever’s high-profile lawsuit vs Hampton Creek in 2014 (which was dropped following a storm of bad PR), and accused the firm of misleading shoppers by describing a product as ‘mayo’ when it contained no eggs, did not perform like mayonnaise, and did not meet the federal standard of identity for mayonnaise.

Just Mayo - made from canola oil, yellow pea protein and other ingredients - is “not mayonnaise at all”, claimed Davis, who accused Hampton Creek of violating the Florida Deceptive and Unfair Trade Practices Act, and of unjust enrichment.

While several legal experts believed Davis had a good case, her attorney told FoodNavigator-USA: “Our client opted to dismiss the case against Hampton Creek. I’m unable to give you any more details.”

Asked whether the company had settled the lawsuit, Hampton Creek CEO Josh Tetrick said: "Absolutely not, that's not what we do. We would never participate in a settlement over something like this."

However, he confirmed that Hampton Creek has recently hired Washington DC-based lobbying firm Heather Podesta + Partners to ensure that its perspective is heard on Capitol Hill and that the Unilever lawsuit had made him think more about how to engage with policymakers.