Kellogg’s class action over falsely advertised fudge Pop-Tarts dismissed

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Update:

• U.S. District Judge James E. Shadid in the Central District of Illinois dismissed a proposed class action alleging Kellogg’s misrepresented the fudge ingredients in its Pop-Tarts.
• The proposed lawsuit claimed that the Pop-Tarts lacked milk fat, which it said is an essential ingredient to making fudge, and that instead Kellogg’s made its “frosted chocolate fudge” Pop-Tarts with vegetable oils. 
• However, Judge Shadid says Plaintiff Roberta Reinitz failed to back her assertion that the average consumer would expect a fudge product to contain milk fat.
• “For its part, defendant has asserted that ‘fudge’ need not contain milk fat and plaintiff’s authority, Ms. Mills, has crafted at least six fudge recipes in which milk fat is not an ingredient,” Judge Shadid says. “Consequently, plaintiff fails to establish that the ‘fudge’ description on the label was a false statement, or that defendant intentionally made a false statement, the scienter element necessary to plead fraud.”
• ​​The judge gave Reinitz 14 days to amend her complaint but says that “given the facts, it may be difficult to cure in a subsequent pleading.”

Chocolate Pop-Tarts, Entenmann’s cake class action lawsuits overview: 

• Who: Plaintiffs have filed class action lawsuits against food companies Kellogg’s and Bimbo Bakeries.
• Why: Plaintiffs allege the defendants are misleading consumers about the amount of main ingredients in their products, including chocolate Pop-Tarts and an Entenmann’s fudge cake.
• Where: The class action lawsuits have been filed in Illinois federal courts.

(08/26/2021)

Consumers have been keeping a watchful eye on the ingredient lists of their favorite snacks and treats this summer, including chocolate Pop-Tarts and an Entenmann’s fudge cake. 

No fudge to be found in Entenmann’s cake

Bimbo Bakeries USA, Inc is the latest food manufacturer to be placed under the microscope, after a class action lawsuit filed this week alleges it is exaggerating the amount of fudge in its Entenmann’s brand Chocolate Fudge Iced Cake. 

The lead plaintiff in that case, Wayne Bartosiake, claims the company misbranded the product by wrongfully suggesting that the Entenmann’s cake is iced with chocolate fudge. 

Providing an inaccurate description of a product on its packaging is a violation of several food codes including the Illinois Food, Drug and Cosmetic Act, according to the class action lawsuit. 

Consumers who purchase the Entenmann’s cake have a misguided belief that the product contains more fudge than it actually does, says Bartosiake, who is seeking monetary, statutory, and/or punitive damages for himself and Class Members in Illinois, Arkansas, and Iowa. 

“The Product lacks ingredients essential to fudge – butter and milk – and substitutes lower quality and lower-priced vegetable oils and whey,” states the Entenmann’s cake lawsuit. 

Chocolate Pop-Tarts falsely advertised with fudge

A class action lawsuit involving the exaggeration of fudge was also filed against Kellogg’s targeting its Frosted Chocolate Fudge Pop-Tarts.

Kellogg’s use of a chunk of fudge as imagery on the product packaging is misleading consumers, says lead plaintiff Roberta Reinitz. The plaintiff says that instead of using butter or milk, the chocolate Pop-Tarts are made with vegetable oils. 

Reinitz is demanding a jury trial and asking for monetary, statutory, and/or punitive damages for herself and Class Members in Illinois, Arkansas, and Iowa.

Vegetable oil was a central part of a class action lawsuit filed against Häagen-Dazs and Kirkland brand of chocolate-dipped ice cream bars in July. Plaintiffs in these cases accused the companies of falsely advertising their products by allegedly making them with vegetable oil instead of cocoa butter.

Have you purchased chocolate Pop-Tarts or Entemann’s cake that claim to contain fudge? We want to hear about it! Let us know in the comments! 

The plaintiffs are represented by Spencer Sheehan of Sheehan & Associates, PC.

The Chocolate Pop-Tarts Class Action Lawsuit is Reinitz v. Kellogg Sales Co., Case No. 1:21-cv-01239, in the U.S. District Court for the Central District of Illinois Peoria Division.

The Entenmann’s Cake Class Action Lawsuit is Bartosiake v. Bimbo Bakeries USA Inc., Case No. 1:21-cv-04495, in the U.S. District Court for the Northern District of Illinois Eastern Division. 

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