Mars Wrigley false advertisement class action moves forward

Update: 

• A New York federal judge declined to dismiss claims Mars Wrigley falsely advertised its Cheddar Cheese Combos snacks as made with real cheese. 
• The judge ruled the consumers behind the complaint adequately showed they paid a premium price for “lower quality cheese substitutes.” 
• Mars Wrigley argued consumers failed to provide a benchmark to evaluate the so-called premium price.
• However, the judge determined the 2nd Circuit expressly held that a failure to identify the prices of competing products to establish a premium is not fatal to a claim at this stage. 
• Mars Wrigley did defeat, with prejudice, claims of fraud and an effort by the consumers to secure civil damages under the New York Agriculture and Markets Law. 

Combos class action overview: 

• Who: Plaintiff Christine Rodriguez filed a class action lawsuit against Mars Wrigley Confectionary U.S. LLC related to Cheddar Cheese Combos.
• Why: Combos are advertised as being “made with real cheese,” along with the image of a block of cheese, but cheese is a minimal ingredient in the product, according to the lawsuit.
• Where: The lawsuit was filed in federal court in Manhattan, New York.
• ​​What are my options: Try gopuff to purchase alternative snack options.

(June 5, 2023)

Plaintiff Christine Rodriguez filed a class action lawsuit against Mars Wrigley Confectionary U.S. LLC, claiming Cheddar Cheese Combos are advertised as being “made with real cheese” and with the image of a block of cheese when cheese is a minimal ingredient in the product.

Combos primarily use dairy products solids, according to the ingredient list, while “less that 2% of bakers and cheddar cheese blends” is listed lower in the product’s ingredient list. The dairy products solid used in Combos cheese is another name for whey permeate, which is the “by-product of the by-product in cheese manufacturing” that is mainly the sugary lactose from cheese, according to the class action.

The plaintiff purchases a 6.3-ounce pack of Cheddar Cheese Combos for $2.99 in 2020 but claims it was sold at a premium price because of its fake and misleading representations.

Combos cheese is a breach of implied warranty, according to class action

The plaintiff claims the fake cheese is a breach of the products’ implied warranty, along with being fraudulent and unjustly enriching the company. The plaintiff is requesting monetary, statutory and/or punitive damages and interest in the class action lawsuit.

A class action lawsuit accusing Totino’s of using fake cheese in its pizza rolls was dismissed earlier this year after a judge ruled definitions of pizza did not state how much real cheese should be used.

Have you noticed a product that advertising being made from real ingredients but actually isn’t included? Let us know in the comments.

The plaintiff is represented by Spencer Sheehan of Sheehan and Associate PC.

The Combos class action lawsuit is Rodriguez, et al. v. Mars Wrigley Confectionery U.S. LLC, Case No. 1:23-cv-04422-AT, in the U.S. District Court for the Southern District of New York, Manhattan Courthouse.

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