Kroger ‘Private Selection’ Smoked Gouda Is Not Smoked, False Ad Class Action Alleges

Kroger ‘Private Selection’ Smoked Gouda Class Action Lawsuit Overview: 

• Who: The Kroger Co. has been hit with a class action lawsuit over its store-brand ‘Private Selection’ Smoked Gouda. 
• What: A consumer alleges that the company violated state and federal laws by falsely advertising the cheese as smoked when it only contains smoked flavor.
• Where: The claim is for consumers in Wisconsin, Georgia, Kentucky, Michigan, Tennessee, and West Virginia.

Despite its labeling, Kroger’s ‘Private Selection’ Smoked Gouda cheese is not smoked and instead has smoked flavor added, misleading consumers and causing them to pay higher prices for a product of inferior quality, a class action lawsuit alleges.

The class action was filed in Wisconsin by lead plaintiff Stacey Castle, who alleges The Kroger Co. violated state and federal laws by falsely advertising the cheese. Castle says the product’s label claims the cheese has a “Distinctive, Smoky Flavor,” and is “Smoked Gouda.” In reality, the cheese has never been smoked over wood — instead smoked flavoring is added.

“By failing to disclose the addition of smoke flavor, consumers get the false impression the product was made similarly to comparably labeled products and smoked over hardwood, when it was not,” she says in the claim.

Kroger’s Smoked Gouda Marketed With Smoke and Mirrors

Castle says that she bought the cheese because she expected it was subject to at least some smoking to provide its smoked taste, instead of only having added smoked flavor — because that is what the front label said.

She says that she wanted a cheese that had more than a “smokey” taste but a product that was smoked over hardwood, so that its taste and color did not need so much, or any, added “smoke flavor.”

“Plaintiff would not have purchased the Product if she knew the representations were false and misleading,” the claim reads.

Castle says that whether a food has been smoked or contains liquid smoke, prepared by pyrolysis of hardwood sawdust, instead of being smoked over hardwoods, is basic front label information consumers rely on when making quick purchasing decisions at the grocery store.

Added smoke flavor cannot impart the same taste of real smoking for several reasons, Castle says.

“By labeling the Product in this manner, Defendant gained an advantage against other companies, and against consumers seeking to purchase products that were smoked.”

Castles wants to represent anyone who purchased Kroger ‘Private Selection’ Smoked Gouda in Wisconsin, Georgia, Kentucky, Michigan, Tennessee, and West Virginia. She is suing for violations of consumer trade and fraud laws, breach of warranty, negligent misrepresentation, and unjust enrichment, and seeks certification of the Class, injunctive relief, damages, legal fees and costs, and a jury trial.

Kroger is not the only food manufacturer to be accused of falsely advertising their smoked gouda. Earlier this year, consumers accused Aldi of using liquid smoke to flavor its store-brand smoked gouda. 

Artisan cheese brand Dietz and Watson has also been accused of using smoke and mirrors to advertise its smoked gouda. 

Did you purchase Kroger’s ‘Private Selection’ Smoked Gouda? Tell us about your experience in the comments section!

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

The Kroger Smoked Gouda False Ad Class Action Lawsuit is Castle v. The Kroger Co., Case No. 2:21-cv-01171 in the U.S. District Court Eastern District of Wisconsin Milwaukee Division.

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