Kraft Bagel Bites Class Action Over Real Cheese, Tomato Sauce Dismissed

Update:

• U.S., District Judge WIlliam M. Conley dismissed the Kraft Heinz Bagel Bites class action, saying the plaintiff did not prove the product’s labeling did not meet federal Food, Drug and Cosmetic Act standards. 
• Plaintiff Christopher Lemke claimed Kraft Heinz Bagel Bites falsely claimed they were made with real mozzarella cheese and tomato sauce because they contain a cheese blend and tomato sauce mixture, according to the class action. 
• “Even viewing all of the allegations in the amended complaint in a light most favorable to plaintiff, the court concludes that the Bagel Bites’ label on its face is neither false, deceptive or misleading nor leads to consumer confusion more generally,” Judge Conley’s order states. “As such, the court agrees that plaintiff has failed to state a claim and will grant defendant’s motion.”
• Judge Conley also says the product label does not claim to be 100% mozzarella cheese. In regards to the tomato sauce claims, he says the FDA Compliance Policy Guide has no standard of identity for tomato sauce, only requiring that the sauce and ingredients be included in the ingredient list.
• “Because Lemke has not plausibly alleged that a reasonable consumer won’t receive the ‘mozzarella cheese,’ ‘real cheese’ and ‘tomato sauce’ provided on the front of the package of defendant’s Bagel Bites, plaintiff has failed to state a claim for relief,” Judge Conley said. 

(April 26, 2021)

Kraft’s Bagel Bites Mini Bagels With Mozzarella Cheese and Tomato Sauce do not in fact contain mozzarella cheese or tomato, despite a third-party verification sticker, a new class action lawsuit alleges.

The class action lawsuit was filed in Wisconsin on April 25 by lead Plaintiff Kaitlyn Huber, who alleges that the company deceives customers with its marketing of “real” mozzarella cheese and tomato, when in reality it doesn’t use those ingredients.

“The representations are misleading because despite the front label’s emphasis on mozzarella cheese and ‘REAL’ dairy, the Product does not contain mozzarella cheese,” the class action lawsuit states, adding the name is “false, deceptive and misleading.”

Huber says that she bought the bagel bites in question a number of times from her local Walmart and paid more for them than she would have if she had known the truth.

“Only after purchasing and consuming the Product will consumers also realize the Product does not taste like mozzarella cheese, due to the flat ‘cardboard-like’ taste and rubbery mouthfeel,” the claim states.

According to the class action lawsuit, the absence of real mozzarella cheese is evident from the fine print ingredient list, which specifies that instead of mozzarella cheese, consumers receive a “Cheese Blend” that contains “part-skim mozzarella cheese” and “modified food starch.”

Cheese blend is a deceptive name for the ingredient, because no blend of cheese — especially real mozzarella cheese — contains added starch, the class action lawsuit states. Adding filler ingredients to anything labelled as cheese is misleading, the claim contends.

In the class action, Huber says that Wisconsin is known as “America’s Dairyland,” and dairy is a central part of the economy and culture.

“Dairy is more integral to Wisconsin than potatoes are to Idaho and oranges to Florida,” the claim states. “Not only does Wisconsin produce the most cheese, it also produces the highest quality cheeses.”

Huber says that because of that, quality cheese is of the utmost importance to local consumers.

She also alleges that the use of the National Milk Producers Federation “REAL” seal, with the statement “MADE WITH REAL CHEESE,” is unlawful. She says that consumers value independent, third-party seals as a shorthand way to establish whether a product has been vetted by an accredited, independent entity, and alleges Kraft engaged in deceptive and false marketing.

According to the class action lawsuit, the bagel bites are also missing the real tomato sauce listed on the packaging, instead containing a combination of cornstarch and methylcellulose.

The two are common thickening agents for sauces and are added to the bagel bite’s “tomato sauce” to give the impression the sauce contains more tomatoes than it does, the class action lawsuit alleges.

Huber wants to represent anyone in Wisconsin, Arkansas, and Ohio who bought Kraft’s Bagel Bites Mini Bagels With Mozzarella Cheese and Tomato Sauce. She is suing for deceptive trade practices, breach of warranty, fraud, and unjust enrichment.

She is seeking certification of the Class, injunctive relief, damages, costs, and a jury trial.

Huber’s class action is not the only legal action Kraft is facing over its bagel bites. In February, New York resident Erin Marcinelli filed a class action lawsuit against the company, alleging Kraft’s Bagel Bites pizza snacks weren’t real and violated the law by misleading customers.

Kraft is also facing a class action lawsuit over its macaroni and cheese products, which allegedly contain chemicals that have been linked to asthma, allergies, obesity, and hormone interference in children.

Do you buy Kraft’s bagel bites? Have you ever found the cheese to taste rubbery? Let us know in the comments section!

Huber is represented by Spencer Sheehan of Sheehan & Associates, P.C.

The Kraft Bagel Bites Class Action Lawsuit is Huber v. Kraft Heinz Foods Company, Case No. 3:21-cv-00278, in the U.S. District Court for the Western District of Wisconsin.

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