Kellogg Class Action Says Keebler Grahams Need More Whole Grains

A Kellogg class action lawsuit accuses the food giant of falsely advertising their Keebler graham crackers.

Plaintiff Wanda Watson argues that reasonable consumers would come to the conclusion that since the products are marketed as “graham” crackers that the primary flour used in their making would be predominantly from whole grains rather than enriched flour.

A review of the ingredients inside the actual products, however, reveals that refined white flour, also known as enriched flour, is the primary flour inside these products, according to the Keebler class action lawsuit.

The Keebler Grahams class action lawsuit explains that Kellogg is involved in the development and manufacturing of various forms of the Keebler graham cracker items, including flavors like fudge, cinnamon, and honey.

Watson says that she and other buyers made the decision to buy these items based on the perception that graham flour is the exclusive or major flour component of the food product rather than white flour.

According to the Kellogg’s Keebler graham crackers class action lawsuit, consumers are increasingly health-conscious and choose to seek foods with higher levels of whole grains because of the connection with lowered disease and the overall health benefits linked to whole grains.

Graham flour, as pointed out in the Kellogg’s class action lawsuit, is one form of whole wheat flour made from whole grains like bran, endosperm, and germ. Enriched flour, however, is generated from refined grains that only have endosperm inside.

The Keebler Grahams class action lawsuit says consumers are being harmed by these false and misleading representations on the boxes and in other marketing because they are willing to pay a premium for graham crackers because of the belief that the products are not primarily made with enriched flour.

The Kellogg’s class action lawsuit argues that consumers expect food to have usual or common names that contain direct and simple terms to indicate the character properties and basic nature of the food they purchase.

The lead plaintiff says this marketing is deceptive because it creates a false impression that a valued ingredient of the food item, in this case, graham-based flour, is present in a higher amount than is actually true.

“When the proportion or amount of a component has a material bearing on price or consumer acceptance, it is deceptive and misleading for the representations to create the erroneous impression that a valued component is present in an amount greater than is actually the case,” the Keebler graham crackers class action lawsuit states.

The Kellogg’s class action lawsuit seeks to represent a nationwide Class and a New York Class of consumers who purchased the products with actionable representations during the open statutes of limitation.

The proposed Class in the Kellogg’s class action lawsuit is represented by Spencer Sheehan of Sheehan & Associates PC and Joshua Levin-Epstein of Levin-Epstein & Associates PC.

The Keebler Graham Crackers Class Action Lawsuit is Wanda Watson v. Kellogg Sales Company, Case No. 1:19-cv-01356, in the U.S. District Court for the Southern District of New York.