Cheesecake Factory class action over whole-grain Bimbo Bakeries bread dismissed

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

Update:

• A federal judge in Illinois dismissed a class action lawsuit accusing Bimbo Bakehouse of falsely branding Cheesecake Factory licensed bread as whole grain.
• U.S. District Judge Sharon Johnson Coleman determined the product’s color, appearance and packaging alone can not be used to reasonably determine how much grain is in the bread.
• The consumer behind the complaint argued the bread’s color, specks of grain in it and its labeling as “brown bread” misled consumers into believing it contained more grain than it actually did. 
• The judge, while ruling the consumer’s interpretation of the bread’s packaging was unreasonable, dismissed claims of fraud, unjust enrichment, breach of warranty and negligent misrepresentation. 

Bimbo Bakeries Cheesecake Factory bread class action lawsuit overview:

• Who: Bimbo Bakeries is being sued by a consumer who alleges its Cheesecake Factory-branded bread is marketed as being more healthy than it is
• Why: The plaintiff says the company makes the bread look more brown, and puts visible grains on the top, to make them believe it is healthy
• Where: The class action lawsuit was filed in Illinois federal court

(March 01, 2022)

Bimbo Bakeries tricks customers into thinking its Cheesecake Factory-branded “Brown Bread” is healthier than it is by making the bread look brown and adding pieces of grain on the top, a new class action lawsuit alleges.

In a class action complaint filed Feb. 26 in an Illinois federal court, Plaintiff Rabia Hamidani alleges Bimbo Bakeries USA is violating state and federal consumer laws in its marketing of the bread.

Hamidani says the Cheesecake Factory “Brown Bread” is marketed with representations including “Our Famous Brown Bead” and “Wheat Sandwich Loaf” and is a dark-colored loaf.

“Despite the labeling of the Product as ‘Brown Bread,’ with a dark brown color… the Product is not made of mainly whole grains,” Hamidani says.

Hamidani says the company takes advantage of consumers’ increasing preference for whole grains by placing visible pieces of grain on top of the bread.

“This causes consumers to see these visible grain pieces and expect the Product is made from these whole grain flours, even though their purpose is only visual,” she says.

She also alleges the name of the product, “Brown Bread,” takes advantage of consumer assumptions and beliefs about the darker color of whole-grain products.

The company in fact uses dried molasses and caramel coloring to give the bread the brown color. This misleads customers into thinking they are purchasing a higher quality, more nutrient-dense product than they actually are, Hamidani alleges.

“Plaintiff would not have purchased the product if she knew the representations and omissions were false and misleading or would have paid less for it,” the lawsuit states.

The lawsuit alleges the company is violating the Illinois Consumer Fraud and Deceptive Business Practices Act, as well as breaching express warranty and implied warranty of merchantability laws and violating the Magnuson Moss Warranty Act. 

Hamidani also claims negligent misrepresentation, fraud and unjust enrichment.

She is seeking to represent a class of Illinois residents who bought the product and a class of all people in Arkansas, Montana, Nebraska, Virginia, Georgia and Iowa who bought the bread.

Last year, Bimbo Bakeries agreed to a $295,000 settlement with employees who alleged it violated Illinois biometric privacy law by requiring them to track their hours using a fingerprint scanner. 

Lead plaintiff Lisa Peatry alleged Bimbo Bakeries violated biometric privacy laws by using a fingerprint timekeeping system. 

What do you think of the allegations against Bimbo Bakeries? Let us know in the comments. 

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

The Bimbo Bakeries unhealthy bread class action lawsuit is Hamidani, et al. v. Bimbo Bakehouse LLC, Case No. 1:22-cv-01026, in the U.S. District Court for the Northern District of Illinois. 

Read About More Class Action Lawsuits & Class Action Settlements:

• Aldi Almond Milk Class Action Alleging Fake Vanilla Flavor Tossed by Federal Judge
• Zantac May Contain Cancer-Linked Chemical, FDA Warns
• ​Recall Alert: Aldi Simply Nature Organic Poppy Seed Dressing Pulled for Potential Clostridium Botulinum Contamination
• Crisco ‘Butter – No-Stick Spray’ Contains No Butter, Claims Class Action Lodged Against J.M. Smucker