Plaintiffs sued manufacturers and major food retailers alleging a violation of state consumer-protection statutes through the labeling of a product advertising “100% Grated Parmesan Cheese.” These products actually contained between four to nine percent of cellulose powder and potassium sorbate and this information was available on the ingredient list on the back of the package. The district court dismissed the plaintiffs’ claim finding that the “100%” claim was clarified on the ingredient list and that a reasonable customer would know that product was not 100% cheese because it was sold in the unrefrigerated areas of stores. On appeal, the Seventh Circuit Court of Appeals found the “100%” labeling could be deceptive to the average consumer. Therefore, because whether the labeling actually was misleading was a question fact, the court reversed the grant of summary judgment.

Bell v. Publix Super Markets, Inc., 2020 WL 7137786 (7th Cir. 2020).