Ferrero Kinder Joy Class Action Alleges Sweet Cream Topped With Cocoa Wafer Bites Don’t Contain Actual Cream

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Ferrero Kinder Joy Sweet Cream Class Action Lawsuit Overview: 

• Who: Jessica Sneed filed a class action lawsuit against Ferrero U.S.A.
• Why: Sneed claims Ferrero falsely represents that its Kinder Joy brand ‘Sweet Cream Topped With Cocoa Wafer Bites’ contains cream.
• Where: The class action lawsuit was filed in Illinois federal court.

Kinder Joy brand ‘Sweet Cream Topped With Cocoa Wafer Bites’ that are manufactured and sold by Ferrero U.S.A. do not actually contain any sweet cream, a new class action lawsuit alleges. 

Plaintiff Jessica Sneed claims Ferrero misleads consumers into believing the product contains sweet cream by misrepresenting its packaging. 

Sneed wants to represent an Illinois class and multi-state subclass of consumers who purchased the Kinder Joy brand “Sweet Cream Topped With Cocoa Wafer Bites.” 

Sneed claims that, despite its representations, the product does not contain any cream due to the fact that none of the ingredients “are a source of milk fat.” 

“Instead of cream, the Product contains artificial cream, derived from hardened vegetable oils, including ‘Palm, Sheanut and Sunflower (Oils),’” the class action lawsuit states. 

Sneed argues the product is worth materially less since it does not contain any sweet cream and that the allegedly false representations allowed Ferrero to sell it for a higher price.

“As a result of the false and misleading representations, the Product is sold at a premium price,” the class action lawsuit states. 

Ferrero False Cream Representations Make It Difficult For Plaintiff To Trust Similar Products, Class Action Claims

Sneed claims she purchased the product because she believed it contained cream, and was later disappointed when she found out that the representations were allegedly misleading. 

Further, Sneed argues she now finds it hard to trust the representations of other products that claim to contain cream. 

“Plaintiff is unable to rely on the labeling and representations not only of this Product, but for other similar cream-based confections, because she is unsure whether those representations are truthful,” the class action lawsuit states. 

Sneed claims Ferrero is guilty of fraud, unjust enrichment, and negligent misrepresentation, among other things, and in violation of the Illinois Consumer Fraud and Deceptive Business Practices Act, multiple state consumer fraud acts and the Magnuson-Moss Warranty Act. 

Plaintiff is demanding a jury trial and requesting injunctive relief along with monetary, statutory and/or punitive damages for herself and all class members. 

A pair of similar class action lawsuits were filed in January against Aldi and Star Brand North America by consumers claiming the companies sell fudge covered pretzel products without real fudge. 

Have you purchased Kinder Joy brand ‘Sweet Cream Topped With Cocoa Butter Bites’? Let us know in the comments! 

The plaintiff is represented by Spencer Sheehan of Sheehan & Associates, P.C. 

The Ferrero Sweet Cream Class Action Lawsuit is Sneed v. Ferrero U.S.A., Inc., Case No. 1:22-cv-01183, in the U.S. District Court for the Northern District of Illinois.

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