Trader Joe’s Class Action Says Honey Nut Cereal is Falsely Advertised

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A Trader Joe’s customer says the store’s brand of Honey Nut O’s cereal is falsely advertised because the primary sweetener for the product is sugar.

Lead plaintiff Anita S. Lima alleges in her class action lawsuit that while Trader Joe’s Honey Nut O’s prominently displays honey on the packaging, refined white and brown sugars are actually used to make the cereal sweet.

Lima accuses Trader Joe’s of falsely advertising Honey Nut O’s, duping consumers into thinking they are eating a honey-sweetened product.

“Honey is a naturally occurring substance and, unlike sugar, has small amounts of nutrients such as vitamins, minerals, enzymes, and antioxidants,” states the Trader Joe’s class action lawsuit, noting that in response to concerns about the link between sugar and health problems, consumers have been turning to more natural products.

“At least in part due to growing consumer awareness of health problems caused by excessive sugar consumption, in recent years consumers have shown a distinct preference for products with little or no added sugar as well as for ‘natural’ products,” alleges the Trader Joe’s class action lawsuit.

The Trader Joe’s cereal class action lawsuit points to a 2014 report by the National Institute of Health that warned excess sugar consumption contributes to obesity and cardiovascular problems.

Parents, in particular, look for products that contain honey, rather than sugar, and Trader Joe’s has been deceptively profiting from that preference by falsely advertising its Honey Nut O’s, alleges the Trader Joe’s class action.

“By making false, deceptive, and misleading representations, and by omitting material information, defendant’s branding and packaging of ‘Trader Joe’s Honey Nut O’s’ convey that honey — and not sugar — is its primary sweetener,” contends the Trader Joe’s cereal class action lawsuit.

The plaintiff accuses Trader Joe’s of commanding a premium price for the cereal based on its deceptive packaging.

Lima says that she and other consumers would not have paid as much for Trader Joe’s Honey Nut O’s had they known it is sweetened mainly by sugar and only contains a “minuscule” touch of honey.

According to the Trader Joe’s Honey Nut cereal class action lawsuit, the product’s packaging misleads consumers.

The name of the cereal is prominently displayed, with “Honey” being the center of attention. The cereal box contains a picture of honey dripping into a bowl of the O’s and the entire box is, in fact, the color of honey.

“The branding and packaging of ‘Trader Joe’s Honey Nut O’s’ convey the clear message that honey, and not sugar, is the primary sweetener,” alleges the Trader Joe’s class action lawsuit.

“Indeed, even the description of the Product’s ingredients on the left side of the box prioritizes honey over sugar: ‘This crunchy, sweet and nutty cereal is made from toasted whole grain oats, almonds, honey and sugar.’”

The Trader Joe’s cereal class action lawsuit seeks to represent a nationwide Class of consumers who have purchased Honey Nut O’s since Dec. 19, 2012. The plaintiff also seeks to represent an injunctive Class and multistate Class.

Lima is represented by Michael R. Reese and Carlos F. Ramirez of Reese LLP and by Kenneth D. Quat of the Quat Law Offices.

The Trader Joe’s Cereal Class Action Lawsuit is Lima v. Trader Joe’s Company, Case No. 1:18-­cv­-12591, in the U.S. District Court for the District of Massachusetts.