ThinkThin Class Action Says ‘Vanilla’ in Oatmeal is Misleading

A class action lawsuit says the “vanilla” labeling on ThinkThin and Think! oatmeal cups is misleading to consumers.

Howard Haut, along with an unnamed consumer, filed the ThinkThin oatmeal flavoring class action lawsuit against Glanbia Performance Nutrition Inc., over claims that the company intentionally tricks consumers about the nature of the vanilla present in their oatmeal.

Haut says the ThinkThin and Think! oatmeal products are labeled on the front as vanilla flavored, and the ingredients list the vanilla content as coming from “ground vanilla beans” — reportedly this is the only source of vanilla included in the ingredient list.

The ThinkThin oatmeal class action lawsuit alleges that the ground vanilla beans present in the products are from spent or used vanilla beans from which the vanilla flavoring has already been extracted.

The plaintiff claims that the ground vanilla beans have no flavor, and serve no purpose other than to contribute the black speckles that consumers associate with vanilla beans.

The oatmeal vanilla flavoring class action lawsuit says that the company also includes natural flavors in the ingredient list, which may impart a vanilla flavor to the oatmeal, because the ground vanilla beans do not give vanilla flavor to the product.

Allegedly, Glanbia knowingly includes a less desirable item in the product and did not use vanilla that customers would associate with a “vanilla” labeling in an effort to increase profits and entice customers into purchasing the product.

Haut notes that vanilla is one of the most popular flavors, and many customers seek it out in a range of products. Additionally, he states that vanilla is determined to be the second most expensive spice in the world, second only to saffron.

The oatmeal flavorings false advertising class action lawsuit uses this point to argue that customers see natural vanilla as a valuable product for which they are willing to pay a premium.

The ThinkThin oatmeal class action lawsuit goes on to note that when customers seek out vanilla and see “ground vanilla bean” on the labeling for a product, they assume that it is the ground vanilla bean that imparts the flavoring of vanilla and not the flavorless, used bean.

Allegedly, Glanbia relies on the fact that most consumers would not know that the presence “ground vanilla bean” in an ingredient list could still mean that the product does not contain the flavorful vanilla prized by many consumers.

According to Haut, the ingredient list does not dispel confusion, as an ingredient list should, but increases confusion for customers seeking to learn more about the product.

Haut is represented by Spencer Sheehan of Sheehan & Associates PC.

The ThinkThin and Think! Oatmeal Labeling Class Action Lawsuit is Howard Haut, et al. v. Glanbia Performance Nutrition Inc., Case No. 1:19-cv-04566, in the U.S. District Court for the Eastern District of New York.

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