Thirty-seven year old Meredith Berkman claims that she suffered “weight gain… mental anguish, outrage and indignation” when she discovered that a snack product contained more fat than its label indicated, and is set to argue in court that the “emotional distress” can be valued at US$50m.
Robert’s American Gourmet Food recalled three snack products, Pirate’s Booty, Veggie Booty and Fruity Booty, in January when it discovered that new machinery was causing a discrepancy between the nutritional information in the snacks and on the labels. The Good Housekeeping Institute found that Pirate’s Booty actually contained 147 calories and 8.5 grams of fat, but that its label said it contained 120 calories and 2.5 grams of fat.
Berkman brought the claim for compensation in a New York lawsuit, arguing that the company’s oversight foiled her diet.