Aldi, Star Brands Class Actions Claim White Fudge Covered Pretzels Don’t Actually Contain Fudge

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White Fudge Covered Pretzels Class Action Lawsuits Overview: 

• Who: Brittany Haas and Ingrid Cox filed separate class action lawsuits against Aldi Inc. and Star Brands North America, respectively. 
• Why: Haas and Cox claim Aldi and Star Brands sell white fudge covered pretzel products that don’t contain actual fudge.
• Where: The class action lawsuits were filed in Illinois federal court.

A pair of consumers have filed separate class action lawsuits alleging Aldi Inc. and Star Brands North America misleadingly sell white fudge covered pretzel products that don’t actually contain fudge. 

Plaintiff Brittany Haas argues Aldi sells Choceur brand white fudge covered pretzels that are coated with “mainly non-fudge ingredients,” while plaintiff Ingrid Cox claims the coating on Star Brands’ Flipz brand white fudge covered pretzels “does not contain fudge ingredients.” 

Haas and Cox claim the products are misrepresented as containing white fudge because its fat content is “almost entirely from non-dairy fats and substitutes vegetable oils.” 

The central component to fudge is milkfat, according to the class action lawsuits, which claim it is made by boiling together sugar, butter and milk. 

“The role of milkfat in fudge is not anachronistic or outdated, seen through the common, consistent definitions of fudge over more than a century, in sources ranging from journals to academic treatises, to the most mainstream dictionaries,” Haas’ lawsuit states. 

Fudge Quality ‘Depends On The Amount’ of Milkfat Ingredients

Further, the quality of the fudge “depends on the amount and type of milkfat-contributing ingredients,” Haas argues. 

Haas claims alternative ingredients such as vegetable oil are often used to make fudge to reduce cost. 

“In contrast to dairy ingredients with milkfat, vegetable oils do not melt at mouth temperature and leave a waxy mouthfeel,” the class action lawsuits state.

Haas and Cox claim that, in addition to providing a less satisfying experience, the presence of vegetable oil is also linked to “numerous health problems,” such as heart disease and high cholesterol. 

Haas and Cox separately argue Aldi and Star Brands are guilty of unjust enrichment, fraud, and negligent misrepresentation and in violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, state consumer fraud acts and the Magnuson-Moss Warranty Act, among other things. 

Haas and Cox both want to represent an Illinois class and multi-state subclass of consumers who purchased the white fudge covered pretzel products. 

Plaintiffs are both demanding a jury trial and requesting injunctive relief along with monetary, statutory and/or punitive damages for themselves and all class members. 

A similar class action lawsuit was filed in November that argued “fudge-covered” Oreos sold by Mondelēz Global LLC don’t contain real fudge.

Have you purchased Aldi or Star Brands white fudge covered pretzels? Let us know in the comments! 

The plaintiffs are each represented by Spencer Sheehan of Sheehan & Associates, P.C. 

The White Fudge Covered Pretzels Class Action Lawsuits are Haas v. Aldi Inc., Case No. 1:22-cv-00375, in the U.S. District Court for the Northern District of Illinois; and Cox v. Star Brands North America, Case No. 3:22-cv-00141, in the U.S. District Court for the Southern District of Illinois

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