Krispy Kreme Class Action Says Apple Pies Mislabeled

Krispy Kreme Doughnut Corporation has been hit with a class action lawsuit over allegations that the company’s single serving apple pies contain artificial flavors, despite the fact that the front label claims that they are “Made with Real Fruit Filling and Other Natural Flavors” and “Original Glazed Flavoring.”

Plaintiff Michael Williams says the Glazed Apple Pie representations are misleading because the artificial flavoring enhances the taste of the fruit filling and/or the glaze.

The Krispy Kreme class action lawsuit states that the manner and usage of natural flavors is required under federal law to be disclosed to consumers in non-misleading ways.

Williams says the terms “Natural and Artificial Flavors” are placed in a misleading way on the packaging of the apple pies.

“If the Product’s ‘Artificial Flavor’ simulates, resembles or reinforces the characterizing ‘Natural Flavor’ of apples (pie filling), it is misleading to omit reference to the artificial flavor in the statement accompanying the name of the food, ‘Glazed Apple Pie,” the Krispy Kreme class action lawsuit states.

The plaintiff argues that a non-misleading statement would be, “Made with Real Fruit Filling and Natural and Artificial Flavors” or “Made with Real Fruit Filling, Naturally and Artificially Flavored.”

In addition, the Krispy Kreme class action lawsuit states that if the product is labeled as “original glazed flavoring,” any flavoring added to the glaze would need to be derived from natural flavors, not artificial ones. The plaintiff contends that the apple pie labeling is misleading because it doesn’t disclose that the flavoring is artificial, not natural.

“Whether or not a flavor is from a natural or artificial source and the role of a natural and artificial flavor in a food are material to consumers seeking to eschew artificial flavors for various reasons – nutrition, health, avoidance of chemicals,” the Krispy Kreme class action lawsuit maintains.

The plaintiff states that, had he had known that the Krispy Kreme apple pies were made with artificial flavors, he would not have purchased the product, or he would have spent less money for it.

In addition, the plaintiff argues that because of the false and misleading labeling, the product is sold at a “premium” price, which is $2.99 per 4 oz., compared to other similar products whose labeling is not misleading.

Williams says that Krispy Kreme has violated New York General Business Law (Consumer Protection from Deceptive Acts), committed negligent misrepresentation, and has breached the Express Warranty, Implied Warranty of Merchantability, and Magnuson Moss Warranty Act.

“Defendant misrepresented the substantive, quality, compositional, organoleptic and/or nutritional attributes of the Products through representing they only contained natural flavors and that if it contained artificial flavors, they did not provide flavor to, nor resemble, enhance or simulate, the glaze and/or the fruit filling,” the Krispy Kreme class action lawsuit states.

Last, the plaintiff claims that the defendant had a duty to disclose to the public or provide non-deceptive labeling of the product and should have known that some of the labeling of the product was misleading.

This is not the first time that Krispy Kreme has been accused of false labeling of their products. In April 2018, a class action lawsuit was filed against the company from a consumer who claimed that the company’s maple doughnuts were falsely advertised.

Have you purchased Krispy Kreme Apple Pies? Leave a message in the comments section below.

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

The Krispy Kreme Apple Pie Class Action Lawsuit is Michael Williams v. Krispy Kreme Doughnut Corporation, Case No. 1:19-cv-11878, in the U.S. District Court for the Southern District of New York.

Read More Lawsuit & Settlement News:

NYPD Moms File Breast Pumping Discrimination Class Action

Can Hernia Mesh Cause Sepsis?

SPAM Class Action Says Advertising Claims Are Misleading

Essure Device: Construction and Materials Blamed for Complications