Oreo class action over fudge cookies dismissed

Update: 

• A New York federal judge tossed a class action lawsuit alleging “fudge-covered” Oreo sandwich cookies are not made with real fudge.
• On March 8, U.S. District Judge Paul A. Crotty dismissed with prejudice plaintiff Christopher Leonard’s class action complaint against Mondelēz Global LLC.
• Leonard alleged Oreo chocolate sandwich cookies that contain mint creme and are identified as “Fudge Covered” on the packaging do not contain milk fat so are not truly fudge, pointing to several dictionary definitions. 
• However, Judge Crotty says the definitions are not relevant because they refer to fudge as a standalone food and not a cookie coating.
• “While plaintiff claims that the definitions are ‘agnostic’ as to form, the court disagrees; most describe fudge as a ‘sweet’ or ‘candy,’ implying a solid form,” the judge says.

Fudge-covered Oreos false advertising class action lawsuit overview:

• Who: A cookie consumer is suing Mondelēz Global LLC over one of its Oreo products.
• Why: The consumer says an Oreo advertised as “fudge covered” does not contain milk products, and therefore does not contain real fudge and is deceptively marketed.
• Where: The plaintiff is looking to represent consumers in New York, North Dakota, Kansas and Wyoming.

(Nov. 30, 2021)

“Fudge-covered” Oreo sandwich cookies are not made with real fudge, duping cookie lovers across the country, a new class action lawsuit alleges.

Lead plaintiff Christopher Leonard filed the class action complaint against Mondelēz Global LLC on Nov. 28 in a New York federal court, alleging violations of the state and federal consumer laws.

Leonard takes issue with the company’s Oreo chocolate sandwich cookies that contain mint creme and are identified as “Fudge Covered” on the packaging. 

According to Leonard, fudge is a type of sugar candy that is made by mixing sugar, butter and milk. “Though fudge can have any flavor, milkfat is the central component,” the class action notes.

Oreo cookies made with fake fudge, class action lawsuit claims

The lawsuit refers to a number of sources for its definition of fudge, including a “leading authority on fudge,” the Oxford Companion to Sugar and Sweets, several dictionaries and a “leading textbook” on confectionary science.

Instead of containing milk fat, the “fudge” in the Oreo cookies contains lower-priced palm and palm kernel oil and nonfat milk, the class action alleges. 

“The result of substituting vegetable oils for dairy ingredients is that any resulting ‘fudge’ will provide less satiety, a waxy and oily mouthfeel, and leave an aftertaste.”

According to Leonard, the front label of the cookies creates an “erroneous impression” that essential fudge ingredients are present, even though only skim milk and vegetable oils are used — not the essential ingredients of fudge.

Leonard is looking to represent anyone in New York who bought mint creme “Fudge Covered” Oreos, plus a class of consumers in the states of North Dakota, Kansas and Wyoming. He says the aggregate amount in controversy exceeds $5 million.

The lawsuit is being brought under New York General Business Law, and for violation of state consumer fraud acts, breach of warranty, negligent misrepresentation and unjust enrichment. 

It seeks certification of the class action, an injunction, damages, fees, costs and a jury trial.

This is not the first time Mondelēz has faced a class action lawsuit over its Oreo cookies. In 2019, a man filed a class action lawsuit challenging the use of the phrase “always made with real cocoa” in the advertisements for Oreo cookies. A judge tossed the case last year.

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The plaintiff is represented by Spencer Sheehan of Sheehan & Associates PC. 

The Mondelēz fudgey Oreo class action lawsuit is Leonard, et al. v. Mondelēz Global LLC, Case No. 1:21-cv-10102, in the U.S. District Court Southern District of New York.

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