Duncan Hines Thick and Fudgy Brownie Mix Not Fudgy Enough, Class Action Alleges

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Conagra Brands Fudge Brownie Mix Class Action Lawsuit Overview:

• Who: A consumer is suing Conagra Brands over the ingredients in its Chewy Fudge Brownie Mix.
• Why: The company is being accused of improperly marketing the product as containing fudge when, the lawsuit alleges, it actually lacks essential fudge ingredients.
• Where: The lawsuit was filed in federal court in Illinois.

A fudge mix that promises on the packet to be “thick and fudgy” does not have fudge ingredients in it, so is illegally marketed, a new class action lawsuit alleges.

Plaintiff April Huston filed the class action complaint against Conagra Brands Inc. Saturday in an Illinois district court, alleging violations of federal and state consumer laws.

She says Conagra Brands makes the “Chewy Fudge Brownie Mix” under the Duncan Hines brand, which is described on the packet as “Thick And Fudgy,” atop several chocolate brownies. 

However, Huston says the company has misled customers.

“The representations are misleading because they give consumers the impression it contains a greater relative and absolute amount of the expected fudge and fudge ingredients than it does,” Huston alleges.

The class action states that whether a product contains fudge is basic front label information consumers rely on when making quick decisions at the grocery store.

The front label of the Darren Hines pack creates an “erroneous impression” that fudge ingredients – from dairy products – are present in the mix, Huston says.

However the product “lacks essential fudge ingredients” like dairy ingredients with milk fat, vegetable shortening or palm oil, she says.

“Consumers are mislead by the statements ‘Chewy Fudge Brownie Mix,’ ‘Thick and Fudgy’ and the pictures of brownies purporting to contain or be made with fudge or fudge ingredients, because they expect this means a non-de-minimis relative amount of dairy ingredients containing milk fat,” the class action alleges. 

“Even in the context of a dry mix, which cannot accommodate traditional dairy ingredients for obvious reasons, consumers expect at least a semblance of fudge ingredients, viz, dairy ingredients.”

Therefore the value of the product consumers purchased was less than what they paid, the class action alleges. 

Huston is looking to represent anyone in Iowa, Arkansas or Illinois who bought the brownie mix.

She’s suing under the Illinois Consumer Fraud and Deceptive Business Practices Act and state consumer fraud acts, as well as for breach of warranty and negligent misrepresentation.

Huston is seeking certification of the class, an injunction, damages, costs, fees, and a jury trial. 

This is not the first time fudge has been at the center of a class action lawsuit. Late last month, Bimbo Bakeries USA, Inc was placed under the microscope after a class action lawsuit alleged it is exaggerating the amount of fudge in its Entenmann’s brand Chocolate Fudge Iced Cake. 

Would you expect a little fudge in your fudgy brownie mix? Let us know in the comments! 

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates.

The Conagra Fudge Brownie Class Action Lawsuit is Huston et al., v. Conagra Brands, Inc, Case No. 4:21-cv-04147-SLD-JEH, in the U.S. District Court Central District of Illinois Rock Island Division. 

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