If it’s not butter, then what is it? The U.S. Court of Appeals for the Ninth Circuit has weighed in on this controversy, tossing out a lawsuit that alleged misrepresentation by the product’s onetime manufacturer.
The Ninth Circuit court affirmed a lower court’s dismissal of the Food and Drug Cosmetic Act (FDCA) suit, in which a class of consumers contended that “I Can’t Believe It’s Not Butter!” Spray’s label makes misrepresentations about the fat and calorie content based on “artificially low serving sizes.”
