San Diego woman files lawsuit over Nestle's frozen pizzas

Katie Simpson files $5M class-action suit

SAN DIEGO - A $5 million federal class-action lawsuit filed by a San Diego woman claims that Nestle -- makers of DiGiorno, Stouffer's and California Pizza Kitchen frozen pizzas -- is "placing profits over public health" by failing to remove trans fat from its frozen pizzas.

The class-action suit was filed Jan. 21 in U.S. District Court in San Diego on behalf of Katie Simpson, a mother of two young children.

The lawsuit states that the frozen pizzas in question shouldn't contain a toxic food additive that's been banned all over the world, said an attorney for the plaintiff, Greg Weston.

California has banned trans fat in foods served in local restaurants, but there are no bans on trans fat in packaged foods. The cities of New York and Philadelphia are among the local governments that have enacted bans against trans fat in restaurant food.

Weston said the suit seeks all monies Nestle has ever made from frozen pizzas.

In a statement, Nestle said it will vigorously defend itself against all "baseless allegations," saying its pizza products are in strict compliance with both FDA and USDA regulations.

According to California Pizza Kitchen, the case applies only to frozen pizzas, not to restaurants bearing that name.

No hearing date has been set in the case, which has been assigned to U.S. District Judge Janis Sammartino.

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