Aldi Faces Heat From Buyers Over Alleged ‘Not Smoked’ Cheddar

Aldi is under fire following allegations that the grocery store chain is hiding the true nature of its smoked cheese products.

Lead plaintiff Michael Fleischer claims Aldi’s Smoked White Cheddar Deli Sliced cheese isn’t smoked at all but instead flavored with liquid smoke, misleading shoppers who are expecting the real thing, according to a class action lawsuit filed Wednesday. 

The difference is substantial, the complaint alleges, because the U.S. Food and Drug Administration (FDA) recognizes a difference between foods flavored with liquid smoke and foods that are smoked using traditional methods.

The FDA regulates labeling of such flavorings, and has warned food makers using liquid smoke to be more clear about the practice. 

The complaint specifically cites the FDA’s Code of Regulations, Title 21, that requires liquid smoke flavors to be declared on the front label, and refers to at least two official warning letters sent to two companies found to be not complying with these rules. 

Aldi’s Smoked Cheddar cheese does not disclose the liquid smoke part of the product, violating FDA standards, the complaint alleges.

Fleischer is accusing Aldi of violating state consumer protection laws, negligent misrepresentation, breaches of warranty and unjust enrichment. 

Reasonable shoppers don’t consider smoked cheese to be a rare delicacy, so they’re not double checking for ingredients on the back label, the complaint contends. Even if a shopper did check, they would find the liquid smoke ingredient is vaguely described as being “natural smoke flavor.” However, this is deceptive, the lawsuit alleges, as the cheese has not undergone any smoking.

The ancient practice of smoking foods to preserve them has seen a resurgence in popularity over the last 20 years, with consumer preference shifting from highly processed methods to the more traditional ones that avoid products made in a lab, according to the complaint. Liquid smoke is unable to provide the same taste provided by the various compounds present when a food is prepared by smoking, the lawsuit states.

Experts monitoring the cheese industry say demand for smoked cheeses continues to grow yearly, not only for taste reasons but also for health. The lawsuit says additives mixed in with liquid smoke flavoring has been linked to health issues. 

Fleischer is seeking injunctive relief, monetary and statutory damages for himself and additional Class Members who live in Illinois, California, Massachusetts and New Jersey.

Aldi has been at the center of numerous lawsuits over the years, with consumers alleging misleading and deceptive behavior from the retailer. In December 2020, two consumers filed a federal class action lawsuit claiming Aldi coffee doesn’t make as many cups as is advertised on the product’s labeling because the packages are underfilled.

Do you buy Aldi’s smoked cheddar cheese? What are your thoughts on the claims Aldi is hiding the use of liquid smoke in the product? Let us know in the comments below. 

Counsel representing the plaintiffs in this class action lawsuit is Spencer Sheehan of Sheehan & Associates, P.C. 

The Aldi Smoked Cheddar Class Action Lawsuit is Fleischer, et al. v. Aldi Inc., Case No. 1:21-cv-00443 in the U.S. District Court for the Eastern Division of New York.  

Read About More Class Action Lawsuits & Class Action Settlements:

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