Cocoa Pebbles Class Action Says Cereal Doesn’t Contain Real Cocoa

Despite their name, Cocoa Pebbles cereals do not contain real cocoa, according to a recent class action lawsuit.

Cocoa Pebbles, Peanut Butter & Cocoa Pebbles, and Cocoa Pebbles Treats all reportedly use statements that imply that they are made with “real cocoa.”

Plaintiff Kenneth Copeland says these label claims suggest that the breakfast products contain unadulterated cocoa powder, but the ingredient lists tell a different story.

According to the Cocoa Pebbles class action lawsuit, the cereal products contain cocoa processed with alkali. Although this ingredient may not raise red flags to the average consumer, Copeland says this is not the same thing as cocoa powder.

The Cocoa Pebbles class action states that cocoa powder is derived from crushing the “nibs” of cocoa beans into a fine paste. The cocoa butter of the resulting paste is melted and released by pressing the cocoa between the hydraulic plates. The resulting hard cocoa “press cakes” are grated into fine powders which form cocoa powder.

True cocoa powder is reached at this step, but the product can be further processed. If the cocoa powder is alkalized, it reduces the acidity of pure cocoa powder. This darkens the color of the powder and allegedly detracts from the “real cocoa” taste.

The Post cereal class action claims that Cocoa Pebbles cannot claim that its cereals includes “real cocoa” because they contain processed cocoa. By using these label statements, consumers are allegedly led to believe that the cereals contain real cocoa that is superior to the processed ingredient.

“The claim of ‘real cocoa’ is intended to differentiate the cocoa in the Products from other cocoa ingredients bearing the standard cocoa designation, i.e., ‘cocoa’ or ‘cocoa processed with alkali,’ and implies the cocoa present in the Products is nutritionally and organoleptically superior,” the Cocoa Pebbles class action lawsuit claims.

The Post cereal class action lawsuit notes that more and more consumers are interested in seeing “real” ingredients in their food products.

The complaint references a study which reportedly found that “nearly three-quarters of U.S. consumers find it important to recognize the ingredients in the products they buy,” confirming that “recognition of ingredients to be one of the biggest drivers of product choice, with more than half of respondents (52 percent) considering it to be an important factor.”

Cocoa Pebbles manufacturer Post Consumer Brands LLC allegedly takes advantage of this tendency by portraying their products are natural and superior. However, this portrayal is reportedly false and does not reflect the real ingredients contained in Cocoa Pebbles products.

Copeland seeks to represent a Class of consumers who purchased Cocoa Pebbles, Peanut Butter & Cocoa Pebbles, and Cocoa Pebbles Treats.

Copeland and the other plaintiff, only named as John Doe, also seek to represent two Classes of the same consumers from New York and California, respectively.

The Cocoa Pebbles labeling class action lawsuit seeks injunctive relief, restitution, disgorgement, monetary damages, treble damages, punitive damages, interest, court costs, and attorneys’ fees.

Plaintiffs and the proposed Class are represented by Spencer Sheehan and Joshua Levin-Epstein of Sheehan & Associates PC.

The Cocoa Pebbles Labeling Class Action Lawsuit is Copeland, et al. v. Post Consumer Brands LLC, Case No. 2:19-cv-02488, in the U.S. District Court for the Eastern District of New York.

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