Reid v. Johnson & Johnson & McNeil Nutritionals, LLC

Robert Reid appeals the district court’s decision dismissing his false advertising lawsuit against Johnson & Johnson and McNeil Nutritionals, LLC (collectively, “McNeil”). Reid challenges a number of McNeil’s assertions about its product, Benecol. Benecol is a vegetable oil-based spread that McNeil sells as a healthy substitute for butter or margarine. Among other things, on Benecol’s label, McNeil prominently declares that the product contains “No Trans Fat” and contains plant stand esters that lower cholesterol. Benecol, however, does contain trans fat. McNeil nonetheless contends that the amount of trans fat in the product is so insignificant that it is authorized under the Food and Drug Administration’s (FDA) regulations to make the statement. It is also undisputed that Benecol does not comply with the terms of the FDA’s regulation authorizing plant stand ester-based health claims. McNeil contends that Benecol nonetheless satisfies the standards set forth in a 2003 FDA letter that authorizes its plant stanol esters statements and is entitled to preemptive effect.

The district court found that Reid lacked standing to challenge the statements and that Reid’s claims for…