Kroger lawsuit alleges retailer falsely advertises Carbmaster bread calories

Kroger Carbmaster lawsuit overview: 

• Who: Two California district attorneys sued The Kroger Co.
• Why: The pair allege the company falsely represents the calorie content on multiple bread products it sells under the Carbmaster brand. 
• Where: The lawsuit was filed in a California court.

Two California district attorneys sued Kroger on behalf of health-conscious California consumers, alleging the food producer understates the calories in some of its bread products.

Erik Nasarenko, Ventura County district attorney, and John T. Savrnoch, Santa Barbara County district attorney, filed the lawsuit against The Kroger Co. May 29 in a California Superior Court, alleging violations of state consumer and competition laws. 

The Kroger lawsuit alleges Kroger falsely represents the calorie content on multiple bread products marketed under the Carbmaster brand. 

“In most instances, [Kroger] understated the calorie content of Carbmaster bread and related products by 20% to 50%, misleading consumers to believe they were purchasing a product that was considerably healthier than it was,” the lawsuit alleges.

Kroger reports correct calorie estimates to FDA, lawsuit claims

The district attorneys allege that, while Kroger reports the correct amount of calories per bread slice to the U.S. Food & Drug Administration, it states an incorrect calorie amount on the bread packaging. 

The Kroger Carbmaster lawsuit claims a state investigator went to a store in 2022 and observed Kroger Carbmaster white bread that stated it contained only 30 calories per slice “when, in fact, the FDA panel on the rear of the package stated 50 calories per slice.”

“In a particularly egregious instance, defendant marketed its Carbmaster Hamburger Buns as having only 50 calories per bun, when, in fact, the calorie count was 100 calories per bun—double what was advertised,” the Kroger lawsuit says. 

The district attorneys are suing for false advertising and violations of California unfair competition laws. They seek an order stopping Kroger from practicing the alleged false advertising, legal fees, civil penalties of at least $2,500 per violation, plus restitution to California customers. 

In February, consumers hit The Kroger Co. with a separate class action lawsuit alleging it falsely advertises its blueberry cereal bars as being “made with real fruit” when the blueberry flavor is actually derived from artificial flavoring ingredients, according to plaintiffs. 

Do you buy Kroger Carbmaster bread? Let us know in the comments.

The people of California are represented by Ventura County District Attorney Erik Nasarenko and Santa Barbara County District Attorney John T. Savrnoch.

The Kroger Carbmaster Lawsuit is People of the State of California v. The Kroger Co., Case No. 24CV03007 in the Superior Court for the State of California for the County of Santa Barbara.

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