Migliaccio & Rathod LLP is investigating whether consumers who purchased Sensible Portions snacks marketed as made with avocado oil received products containing the type of oil represented on their labels.
Sensible Portions sells snack products that emphasize ingredients and cooking oils as important features of the product. Consumers purchasing snacks marketed as made with avocado oil may specifically choose these products because they prefer avocado oil to conventional vegetable oils or are willing to pay a premium for products represented as containing avocado oil.
Recent research from the University of California, Davis raises significant questions about the authenticity of avocado oil used in processed foods.
UC Davis researchers tested 54 commercially available chips, mayonnaises, and salad dressings that identified avocado oil as the only oil ingredient. Researchers found that 48 of the 54 avocado-oil products tested—89%—contained other oils and were inconsistent with authentic avocado oil.
The results were especially significant among chips. Researchers found that 26 of 28 avocado-oil chip samples—93%—contained other oils.
Why Consumers May Have Been Misled
Consumers may reasonably expect that a snack marketed as being made or cooked with avocado oil actually contains the oil represented on the product label.
Avocado oil representations may be particularly important to consumers who:
- specifically seek foods made with avocado oil;
- attempt to avoid other vegetable or seed oils;
- rely on ingredient lists when making purchasing decisions;
- perceive avocado oil as a premium ingredient; or
- pay more for avocado-oil snacks than conventional alternatives.
If a product identified avocado oil as its only oil ingredient but contained other, undisclosed oils, consumers may have paid a premium for a product different from what its labeling represented.
UC Davis Finds Widespread Avocado Oil Adulteration
UC Davis researchers examined fatty acids and sterols—the chemical fingerprints of different oils—to determine whether oil extracted from finished foods was consistent with authentic avocado oil.
The researchers also considered whether frying and other food-processing methods could explain the unusual chemical profiles. Testing showed that processing caused only minimal changes to the important authenticity markers.
Researchers additionally provided a 10% margin to account for natural variations caused by factors such as avocado variety and geographic origin.
Despite those safeguards, 89% of the avocado-oil processed foods tested failed the authenticity criteria.
UC Davis cautions that these findings do not necessarily establish that individual food manufacturers knowingly used adulterated oil. The researchers believe adulteration may originate with suppliers or intermediaries farther up the supply chain.
Nevertheless, consumers ultimately may have paid premium prices for products that did not contain what their labels represented.
We Are Interested in Hearing From Consumers Who
- purchased Sensible Portions snacks marketed as made with avocado oil;
- chose the product specifically because it contained avocado oil;
- relied on avocado oil being identified on the product label;
- specifically sought to avoid other vegetable or seed oils;
- paid a premium for the product;
- purchased Sensible Portions avocado-oil products repeatedly;
- still possess packaging showing a UPC, expiration date, or lot code;
- have receipts, photographs, loyalty-card records, or online purchase histories; or
- would have paid less—or purchased another product—had they known the oil might not match the product’s representations.
Please retain any packaging you still have. Product names, UPCs, expiration dates, and lot numbers may be particularly useful in determining whether specific products or production runs were affected.
If you purchased Sensible Portions snacks marketed as made with avocado oil, we would like to hear from you.
There is no charge to speak with us, and there is no obligation to take legal action.
Please complete the contact form on this page, send us an email at [email protected], or call us at (202) 470-3520.
Migliaccio & Rathod LLP is a Washington, D.C.-based law firm that represents consumers in class-action litigation nationwide.