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Hostess recently filed a motion to dismiss a Hostess Donettes class action lawsuit, arguing against claims that their carrot cake mini donuts are mislabeled.
Plaintiff Elena Lauchung-Nacarino says that carrot cake Hostess Donettes should contain real carrots instead of carrot flavoring. However, Hostess’ recent dismissal motion challenges this argument by claiming that reasonable consumers would not be misled by the product packaging.
“The product at issue is ‘carrot cake mini donuts,’ not ‘carrot cake. In other words, ‘carrot cake’ describes the flavor of the mini donuts,'” Hostess argues.
“A reasonable consumer would not believe that the mere use of the phrase ‘carrot cake’ meant the product contained ‘a substantial amount of real carrot’ and is therefore a healthier alternative to other desserts.”
According to Hostess, there are several problems with Lauchung-Nacarino’s arguments.
First, the plaintiff reportedly argues that a picture of the carrot cake mini donut and a view of the donuts through the product’s transparent packaging caused her to believe that the products contained real carrot.
However, Hostess notes that Lauchung-Nacarino doesn’t elaborate on this claim or explain how the product packaging caused her to believe the donuts contained carrot. Lauchung-Nacarino has allegedly failed to claim that the label contained deceptive imagery such as a picture of a real carrot. In fact, her allegations reportedly concede that real carrot isn’t found on the ingredients list.
Hostess also challenges Lauchung-Nacarino’s claims that the product packaging deceived her into believing that the Hostess Donettes contained less sugar than similar desserts. Nothing on the product packaging would make a reasonable consumer believe that the Hostess Donettes were a healthier alternative to other dessert products, the company maintains.
“Simply put, if added sugar had been material to her decision, plaintiff could have reviewed the ingredient list to confirm the exact amount of added sugar in the Donettes,” Hostess writes.
Finally, Hostess argues that Lauchung-Nacarino’s purchases were made in 2019 when the Hostess Donettes label said “naturally and artificially flavored carrot cake mini donuts.” Despite purchasing the products during this time, Hostess says that Lauchung-Nacarino’s claims are based on the labeling which appeared on Hostess Donettes for a “short time” in 2020 when the disclaimer was not present.
Although she purchased the products during this time, Hostess maintains that the plaintiff started purchasing the products while the disclaimer was present. As a result, Hostess contends that Lauchung-Nacarino could not have been deceived about the product’s contents.
Due to these deficiencies, Hostess argues that Lauchung-Nacarino’s claims should be dismissed by the court.
In her Hostess Donettes class action lawsuit, Lauchung-Nacarino says that she and other consumers were misled by the mini donuts’ packaging and therefore overpaid for the products.
Lauchung-Nacarino admits that no reasonable consumer would believe that donuts are a “health food,” but consumers such as herself reportedly look for healthier alternatives when purchasing dessert foods.
Representations that the Hostess Donettes are made of “carrot cake” allegedly cause consumers to believe that the products are healthier than other desserts.
Lauchung-Nacarino contends that consumers are reasonable in assuming that carrot cake products would contain real carrot.
The Hostess Donettes class action lawsuit lists numerous recipes and even other competitor products – all of which list real carrot in their ingredients.
However, the Hostess Donettes products reportedly diverge from industry trends and contain no real carrot cake despite packaging representations. Instead the products only contain artificial flavorings to simulate the taste of real carrots, Lauchung-Nacarino argues.
Due to the lack of real carrot in the carrot cake Hostess Donettes, Lauchung-Nacarino says that she and other consumers overpaid for the products. Consumers are allegedly willing to pay a higher price for the Hostess Donettes based on representations that they contained real carrots. Since these representations were false, Lauchung-Nacarino says that consumers such as herself were financially injured.
Lauchung-Nacarino seeks to represent a Class of California consumers who purchased Hostess Carrot Cake Donettes since Aug. 25, 2016.
Despite Hostess’ arguments against her claims, Lauchung-Nacarino reportedly remains confident in her class action lawsuit claims.
Have you purchased carrot cake Hostess Donettes? Did you think these products contained real carrots? Share your thoughts in the comment section below.
Lauchung-Nacarino is represented by Seth A. Safier and Todd Kennedy of Gutride Safier LLP.
The Hostess Donettes Class Action Lawsuit is Lauchung-Nacarino v. Hostess Brands Inc., et al., Case No. 3:20-cv-05971, in the U.S. District Court for the Northern District of California.
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