Understanding the Kerrygold Controversies
For many consumers, Kerrygold butter is synonymous with quality, known for its rich taste and the promise of dairy from grass-fed Irish cows. However, the brand has been at the center of two notable controversies concerning its product claims and safety. These legal challenges have raised questions about marketing transparency and consumer health, even though both lawsuits were ultimately dismissed.
The PFAS 'Forever Chemicals' Lawsuit (2023-2024)
The most recent controversy involved allegations that Kerrygold butter was contaminated with Per- and polyfluoroalkyl substances, commonly known as PFAS or "forever chemicals."
- The Allegation: A class-action lawsuit filed in New York in February 2023, by consumer Carolyn Winans against Ornua Foods North America Inc., alleged that Kerrygold's butter was not truly "pure" because its foil packaging contained PFAS. PFAS have been linked to various health issues, including thyroid disorders, immunotoxicity, and some cancers.
- The Company's Response: Ornua Foods denied the claims and vigorously defended the integrity of its products. However, the company proactively made changes to its packaging to comply with new laws in New York and California banning PFAS in food packaging, which took effect in late 2022 and early 2023.
- Lawsuit Dismissal: In August 2024, the lawsuit was dismissed with prejudice after the plaintiff and Kerrygold filed a joint motion. The dismissal meant the case was closed and the plaintiff could not refile the same claims, though no settlement was explicitly mentioned.
The 'Grass-Fed' Cow Advertising Claim (2018)
An earlier legal challenge revolved around the brand's long-standing marketing claim that its products come from "grass-fed cows."
- The Allegation: In 2018, a consumer filed a class-action lawsuit in California arguing that Kerrygold's advertising was misleading. The suit claimed that while Irish cows primarily graze on grass, they are also fed a supplemental diet of grains, especially during winter months when they are housed indoors. The plaintiff argued this was not fully transparent and misled consumers who believe the product is from exclusively grass-fed animals.
- The Outcome: A judge dismissed the case by pointing out that the product labels claim to be made from the milk of "grass-fed cows," not "100% grass-fed cows." The court determined that because the cows' diet is primarily grass-based, the marketing was not misleading under the letter of the law.
Comparison of Kerrygold Legal Challenges
| Feature | PFAS 'Forever Chemicals' Lawsuit | 'Grass-Fed' Advertising Lawsuit |
|---|---|---|
| Year | 2023-2024 | 2018 |
| Plaintiff Claim | Butter is not "pure" because packaging contains PFAS. | Advertising for "grass-fed cows" is misleading as they are also fed grains. |
| Kerrygold's Stance | Denied claims, but changed packaging for compliance. | Claimed marketing was accurate, reflecting a predominantly grass-fed diet. |
| Legal Outcome | Dismissed with prejudice in August 2024. | Dismissed based on precise wording of marketing claims. |
| Impact on Brand | Required packaging changes; potential short-term consumer concern. | Case revealed legal distinction for "grass-fed" claims; reinforced need for precise language. |
Broader Implications for the Food Industry
The Kerrygold controversies, though concluded in the company's favor, offer important lessons for the food industry and consumers alike. They underscore a growing demand for transparency regarding ingredient sourcing and the presence of synthetic chemicals. The cases demonstrate that marketing language, such as "pure" or "grass-fed," can be subject to intense legal scrutiny based on consumer expectations. For instance, the dismissal of the 'grass-fed' lawsuit hinged on a technicality of wording, rather than whether the cows ate only grass. This highlights the legal loopholes that brands may use in their advertising. The PFAS case, while dismissed, also triggered proactive changes to Kerrygold's packaging in specific markets, showing that consumer and regulatory pressure can drive change even without a legal verdict. Read more about the PFAS packaging changes and market impact on The Currency's website.
Conclusion
The controversies surrounding Kerrygold, involving alleged PFAS contamination and disputed grass-fed claims, ultimately saw the lawsuits dismissed in favor of the company. The PFAS case was dropped by the plaintiff in 2024 after Kerrygold changed its packaging in relevant US markets to comply with new regulations. The 2018 grass-fed lawsuit was dismissed because the court found Kerrygold's marketing claims, based on a primarily grass-based diet, were not false under the law. While the legal actions did not result in a court finding against the company, they raised important consumer questions about food safety, marketing practices, and corporate transparency. For now, the legal challenges have been resolved, but the conversation about product purity and accurate labeling continues.
Additional Points
- A separate 2024 trademark dispute involving Kerrygold and Tipperary butter was won by Tipperary in New York, with the court finding no likelihood of confusion between the two brands' trade dress.
- The PFAS lawsuit, though dismissed, demonstrates the increasing consumer and regulatory attention toward the presence of so-called "forever chemicals" in food packaging.
- The Irish climate and agricultural practices support a primarily grass-fed system, but Kerrygold's defense in the 2018 case clarified that the cows' diet is not exclusively grass.
- Kerrygold's quick adaptation to state-level PFAS packaging laws shows a strategic response to evolving consumer and regulatory landscapes.
