Morrison & Foerster Wins Summary Judgement in “I Can’t Believe It’s not Butter!” Case

A team of Morrison & Foerster litigators won summary judgment for our client Unilever in a long-running false advertising suit for its vegetable oil “I Can’t Believe It’s Not Butter!” spray.

On September 27, Judge Jeffrey White of the Northern District of California granted Unilever’s motion for summary judgment and entered judgment in Unilever’s favor in Pardini v. Unilever United States. The court held that the plaintiffs failed to prove reliance, materiality, causation or injury because they could not remember which version of the product label was on the product they purchased, and failed to prove they purchased the product during the relevant time period when the challenged statement appeared in advertising of the vegetable oil “I Can’t Believe It’s Not Butter!” spray.

The court further held that the plaintiffs lacked standing to seek either injunctive or restitutionary relief, noting that Unilever no longer used the label or had any control over the Product’s brand, and that the plaintiffs could not seek equitable relief because they had an adequate remedy at law.

The Morrison & Foerster Class Action and Mass Torts team advising Unilever on the matter is led by partner Claudia Vetesi and associate Camila Tapernoux.