Kerrygold Butter Lawsuit Dismissed In August 2024 But Raises Forever Chemical Questions For Consumers
Kerrygold butter faced a class action lawsuit alleging “Pure Irish Butter” labeling misled consumers because the foil packaging contained PFAS “forever chemicals” that could migrate into the butter. Filed February 2023 in New York federal court (Case No. 2:23-cv-01198), the case was dismissed with prejudice on August 14, 2024, with no settlement announced or compensation available to consumers.
What Was The Kerrygold Butter Lawsuit About?
Plaintiff Carolyn Winans filed the lawsuit against Ornua Foods North America Inc., the company that owns Kerrygold. The core allegation: Kerrygold’s butter packaging contained per-and polyfluoroalkyl substances (PFAS)—synthetic chemicals nicknamed “forever chemicals” because they don’t break down in the environment or human body.
The lawsuit claimed Kerrygold marketed its products as “Pure Irish Butter,” which consumers reasonably interpreted to mean the butter was free from artificial ingredients and harmful chemicals. According to court documents, PFAS in the foil packaging could migrate into the butter itself, making the “pure” label misleading.
Research has linked PFAS exposure to thyroid disorders, immune system damage, fertility problems, and certain cancers including kidney and testicular cancer.
Why Were Kerrygold Products Recalled?
Kerrygold butter was pulled from store shelves in New York and California in late 2022 and early 2023. Both states enacted laws banning PFAS in food packaging effective December 31, 2022 (New York) and January 1, 2023 (California).
The company voluntarily removed products to comply with these new regulations. Kerrygold changed its packaging formula and returned products to U.S. stores in early 2023 after making the necessary modifications.
This recall timing became crucial evidence in the lawsuit. Judge Frederic Block noted in his April 2024 ruling denying Ornua’s motion to dismiss: “Ornua recalled its Kerrygold products in response to a New York law banning PFAS from packaging, which suggests Ornua was at the very least aware that its packaging did contain the chemical.”
How The Lawsuit Progressed Through Court
The case survived an early dismissal attempt. In April 2024, Judge Block allowed the lawsuit to proceed, rejecting Ornua’s arguments that the claims lacked merit.
Ornua argued consumers wouldn’t care about PFAS in butter packaging. The judge disagreed: “The Court cannot conclude, as a matter of law, that the presence of PFAS in butter is immaterial to a reasonable consumer.” Similar cases like the Whole Foods class action lawsuits $650K settlement over deceptive hot cocoa packaging demonstrate growing consumer willingness to challenge misleading product claims.
The court accepted Winans’ “migration theory”—that PFAS could transfer from packaging into the butter itself. This theory proved persuasive because Ornua didn’t dispute that PFAS existed in the packaging.
Despite this victory, both parties jointly agreed to dismiss the case four months later on August 14, 2024. The dismissal was “with prejudice,” meaning it cannot be refiled.
Was There A Kerrygold Butter Settlement?
No public settlement was announced. Court documents don’t mention any settlement agreement or payment to consumers.
Both sides agreed to pay their own attorney fees. The case ended without any court determination that Ornua violated laws or that PFAS was actually present in the butter itself—only in the packaging.
This means no claims process exists for consumers who purchased Kerrygold butter during the relevant period, and no compensation is currently available.
Separate Grass-Fed Labeling Lawsuit
Kerrygold faced an earlier 2018 class action lawsuit challenging its “grass-fed cows” marketing claims. That lawsuit, filed in California federal court, alleged Kerrygold’s cows were fed soy, corn, and genetically modified grains instead of exclusively grass.
A judge dismissed that case because Kerrygold’s label said “made with milk from grass-fed cows,” not “100% grass-fed” or “only grass-fed.” The court ruled that if cows ate any grass, the label was technically accurate even if half their diet consisted of GMO grains and soy.
What Consumers Need To Know About PFAS In Food Packaging
The Kerrygold litigation is part of a broader trend. Multiple food companies have faced similar lawsuits over PFAS in packaging, and regulatory pressure is increasing nationwide.
The FDA announced in February 2024 that major food packaging manufacturers agreed to phase out certain PFAS chemicals. Multiple states beyond New York and California have enacted or proposed PFAS bans in food packaging.
PFAS are synthetic chemicals used in various industrial and consumer products for their grease-resistant and water-resistant properties. They’re called “forever chemicals” because they persist in the environment and human body.
Some research, funded by a DuPont settlement, suggests links to six diseases including kidney and testicular cancers. However, scientists note that not enough studying has been done to definitively determine how PFAS affects the body at different exposure levels.
Can You Still File A Claim?
No. Since the Kerrygold PFAS case was dismissed without a settlement, there is no claims process for consumers to join and no compensation available.
If you believe you’ve been harmed by a food product’s false advertising or contamination, you can consult a consumer protection attorney for individual evaluation. Most consumer attorneys offer free consultations. They can advise whether you have individual claims separate from any class actions.
Consumer protection laws vary by state, and some jurisdictions provide stronger protections than others for food labeling disputes. As seen in the Canada Dry class action lawsuit, three active cases target ginger ale labeling, “Made In Canada” claims, and natural flavoring, false advertising lawsuits remain active across the food industry.
Frequently Asked Questions
What Was The Kerrygold Lawsuit About?
The lawsuit alleged Kerrygold’s “Pure Irish Butter” label was misleading because the product’s foil packaging contained PFAS “forever chemicals” that could migrate into the butter. The case was dismissed in August 2024 without a settlement.
Is There A Kerrygold Settlement I Can Claim?
No. The case was dismissed without any settlement agreement or payment to consumers. There is no claims process available and no compensation being distributed.
Can I Still Buy Kerrygold Butter Safely?
Yes. Kerrygold changed its packaging in 2023 to comply with New York and California laws banning PFAS in food packaging. The reformulated products returned to U.S. stores in early 2023.
What Are PFAS Forever Chemicals?
PFAS are synthetic chemicals that don’t break down in the environment or human body. Research has linked them to thyroid disorders, immune system damage, fertility problems, and certain cancers.
Did Kerrygold Admit To Using PFAS?
No. Ornua Foods denied all allegations and did not admit wrongdoing. The dismissal came through joint agreement between both parties without any court ruling on the merits of the case.
Are There Other Food Packaging PFAS Lawsuits?
Yes. Multiple food companies have faced similar claims. States are increasingly banning PFAS in food packaging, and the FDA announced in February 2024 that major manufacturers agreed to phase out certain PFAS chemicals.
Can I File My Own Lawsuit Against Kerrygold?
The class action was dismissed with prejudice, meaning that specific case cannot be refiled. However, you could potentially file an individual lawsuit depending on your state’s consumer protection laws. Consult a consumer protection attorney for evaluation of your specific situation.
Last Updated: February 8, 2026
Disclaimer: This article provides information about the Kerrygold butter lawsuit based on publicly available court filings and news reports. It is not legal advice.
Watch for class action settlement announcements if new litigation emerges involving products you’ve purchased. Understanding how these cases work can help you protect your rights and claim compensation when available.
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About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
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