Christina Spicer  |  May 23, 2019

Category: Food

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oreo cookiesA second class action lawsuit has hit food maker Mondelēz International alleging it falsely advertises Oreo cookies as being made from “Real Cocoa.”

California resident Ruben Harper says she was tricked by claims on Oreo’s packaging proclaiming the crème-filled cookies contain real cocoa.

Despite these label claims, Harper says Oreo cookies are actually made with cocoa that is processed through alkalization, or “Dutching.”

“No reasonable consumer would expect the cocoa in the [Oreo] products to have been processed with alkalis, because ‘real’ represents the cocoa powder is included in its most unadulterated, non-artificial form,” alleges the Oreo class action lawsuit.

Mondelēz has been hit with another class action lawsuit in New York over similar allegations about its “Real Cocoa” claims on Oreo cookie packaging.

“The health benefits associated with cocoa are widely accepted,” contends the California Oreo class action lawsuit. “Natural cocoa powder’s health benefits include a high amount of flavanols and fiber. Cocoa is a food ingredient that is important for the contribution of flavor to foods and it clearly has associated [] health benefits.”

According to the Oreo class action lawsuit, while Dutch processing results in darker cocoa powder, it also strips the substance of many health benefits.

Harper also alleges that the processing deprives the cocoa of flavor and that she and other consumers would not have purchased Oreo cookies had they known the “Real Cocoa” claims referred to alkalized cocoa.

The Oreo cookie class action lawsuit notes that Mondelēz markets Oreos as “ALWAYS made with REAL COCOA” and that a variety of Oreo products are marketed as such, including:

  • Oreo (original)
  • Chocolate
  • Mint
  • Mega stuff
  • Birthday cake
  • Peanut butter
  • Reduced fat
  • Hot & spicy cinnamon
  • Rocky road trip
  • Peppermint bark
  • Dark chocolate
  • Red velvet
  • Double stuff
  • Thins

The class action lawsuit notes that Oreo’s real cocoa claims are highlighted on the packaging, with an emphasis on the words “REAL” and “COCOA.”

“It is false, deceptive and misleading to conspicuously promote ‘real cocoa’ without any reference to the presence and use of alkalis either preceding or following because ‘real cocoa’ without any modifying terms implies the absence of artificial ingredients in the cocoa,” alleges the Oreo class action.

The California Oreo class action lawsuit seeks to represent a nationwide Class of consumers who purchased any Mondelēz Oreo brand products that claim to be made with real cocoa. The plaintiff also seeks to represent a California subclass.

The class action lawsuit is seeking damages, as well as a court order stopping Mondelēz from falsely representing that Oreo cookies are made with real cocoa.

Harper and the proposed Class are represented by Reuben D. Nathan of Nathan & Associates APC and Matthew Righetti and John Glugoski of Righetti Glugoski PC.

The Oreo Real Cocoa Cookies Class Action Lawsuit is Harper v. Mondelez International Inc., et al., Case No. 4:19­-cv-­02747, in the U.S. District Court for the Northern District of California.

 

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925 thoughts onOreo Class Action Says ‘Real Cocoa’ Claims Are Misleading

  1. TERRY says:

    I buy these Oreos quite often

  2. Daryn Tonge says:

    I would like to join I eat Oreos weekly this is very upsetting add me to this

  3. Sheila Y Henderson says:

    I Buy “”ALL” the time please add Me to the Law suit

    1. Phyllis Stark says:

      Please add me to the list I buy Oreos a lot

  4. VIKKI WINKLER says:

    I just bought the special edition Christmas ones! Please add me!

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