Albertsons class action claims Lucerne gouda not actually smoked

Albertsons class action lawsuit overview:

• Who: Plaintiff James Buechler filed a class action lawsuit against Albertsons Co. Inc.
• Why: Albertsons smoked gouda products fail to disclose on the front label that they contain liquid smoke flavor, misleading consumers into thinking the products are naturally smoked.
• Where: The Albertsons class action lawsuit was filed in Maryland federal court.

Albertsons Co. Inc. represents some of its Lucerne gouda products as “smoked” without disclosing the cheese gets its flavoring from added liquid smoke, according to a class action lawsuit filed Oct. 21 in Maryland federal court.

Plaintiff James Buechler explains smoking is a method of flavoring or preserving food by exposing it to smoke. Smoking helps to preserve protein-rich foods like meat and cheese, according to the Albertsons class action lawsuit.

The popularity of smoking foods has allegedly decreased as food makers increasingly use “smoke flavor,” which is smoke condensed into a liquid.

“While ‘smoke flavor’ may be convenient, it fails to supply the rich, layered combination of phenols and other odor-active compounds compared to where a food’s taste is derived entirely from being smoked over wood,” the Albertsons class action states.

Albertsons class action claims smoked gouda misrepresentations allow retailer to profit at customers’ expense

Consumer demand for smoked foods has increased in the past two years, particularly those made without artificial smoke flavoring, the Albertsons class action lawsuit claims. 

The lawsuit says naturally smoked cheese products are available on the market. However, their labels are essentially identical with respect to the source of the smoked flavoring even though they are not of equal quality.

The U.S. Food and Drug Administration (FDA) has reportedly warned companies that fail to accurately disclose to consumers that their “smoked” foods only have added smoke flavoring. Buechler argues Albertsons should have clearly stated “with added smoke flavor” or “flavor added” on the label of its smoked gouda products.

Other smoked gouda cheese makers reportedly indicate they contain natural smoke flavor on the front label, the lawsuit claims. In contrast, Albertsons allegedly only discloses on the back label ingredient list that it contains natural smoke flavor.

Buechler says Albertsons was able to sell more smoked gouda products at higher prices than it would have without the allegedly misleading labeling, “resulting in additional profits at the expense of consumers.”

Albertsons is not the only company to face allegations that it misrepresented the quality of its smoked gouda products.

Dietz and Watson, Aldi and Kroger have all been hit with smoked gouda class action lawsuits that allege they failed to disclose that their products were flavored with added smoke flavoring.

What do you think about the allegations that Albertsons smoked gouda products derive their flavor from added liquid smoke? Let us know in the comments!

Buechler is represented by Spencer Sheehan of Sheehan & Associates PC.

The Albertsons smoked gouda class action lawsuit is James Buechler v. Albertsons Co. Inc., Case No. 1:22-cv-02717-RDB, in the U.S. District Court for the District of Maryland, Northern Division.

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