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Kroger gouda false advertising class action lawsuit overview:
- Who: A cheese customer sued The Kroger Co. over its “Smoked Gouda.”
- What: The consumer alleges the company violated state and federal laws by falsely advertising the cheese as smoked when it only contains smoked flavor.
- Where: The class action lawsuit was filed in Wisconsin federal court.
A judge gave the green light to a class action lawsuit alleging Kroger falsely advertised its “Smoked Gouda” cheese, ruling it was logical for the plaintiff to falsely believe the cheese was wood smoked from reading the label.
On June 3, U.S. District Judge Jorge L. Alonso granted and denied in part The Kroger Co.’s motion to dismiss plaintiff Valerie Kinman’s class action lawsuit against it.
The judge ruled that Kinman’s claim could be brought under the Illinois Consumer Fraud and Deceptive Business Practices Act.
Kinman alleges the labeling of the cheese led her to falsely believe the gouda was smoky because the cheese had been smoked over hardwood.
Kroger class action claims gouda not actually smoked, just contains smoke flavor
The cheese is smoky because it contains “smoke flavor” that comes from liquid smoke, the class action alleges.
“Plaintiff has alleged that the front of the package of cheese slices contained the phrase, ‘smoked gouda,’” the judge states. “Plaintiff took this to mean that the cheese slices were smoked over hardwood. That is not an inherently fanciful or unreasonable interpretation because the word ‘smoked’ has at least two meanings, one of which is the meaning plaintiff gave it.”
Judge Alonso said it is conceivable the allegation could be actionable under the Illinois statute, which states a definition for deceptive practices can be a false promise, misrepresentation, concealment or omission of any material fact.
In September, Kroger asked the court to dismiss the case, arguing Kinman does not point to anything on the product label that made her think the smoky flavor came from the smoking process over hardwood.
The judge did dismiss Kinman’s breach-of-warranty claims without prejudice, agreeing with Kroger that Kinman did not give notice to the company of the issue. She has until June 28 to file an amended complaint.
A consumer hit Kroger with a similar class action lawsuit in Wisconsin in 2021, alleging the company violated state and federal laws by falsely advertising its “Smoked Gouda.”
Would you think a smoked cheese had been wood smoked? Let us know in the comments!
Kinman and the proposed class are represented by Spencer Sheehan of Sheehan & Associates PC and Patrick D. Austermuehle and Peter S. Lubin of Lubin Austermuehle PC.
The Kroger smoked gouda false advertising class action lawsuit is Kinman v. The Kroger Co., Case No. 1:21-cv-01154, in the U.S. District Court for the Northern District of Illinois.
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54 thoughts onKroger class action over false advertising of smoked gouda to proceed
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It’s used for color. That product is still cold smoked. Idiots looking for a payday.