No Fudge in Flipz White Fudge Covered Pretzels, Says Class Action Lawsuit

A New York consumer says that DeMet’s Candy Company, maker of the popular snack food Flipz, misrepresents its “White Fudge Covered Pretzels,” claiming they contain no fudge at all.  

Lead plaintiff, Jessica Spurck, filed a class action lawsuit in New York federal court Wednesday seeking to represent other state residents who thought they were purchasing a fudgy snack. Spurck says that the so-called white fudge version of Flipz contains neither the type nor amounts of ingredients consumers would expect in fudge. Instead, DeMet’s allegedly uses vegetable oils to make the white “fudge” coating on its Flipz snack.  

Spurck says she purchased Flipz brand white fudge-covered pretzels on several occasions believing that the product would contain the same ingredients as fudge. She says that she paid a premium, $2.99 for a 5-ounce bag, based on representations on the product’s front label.  

However, the plaintiff says that she and other consumers were duped and she would not have purchased or paid as much for Flipz White Fudge Covered Pretzels had she known the “fudge” component was predominately made with vegetable oils and not milk fat.  

Fudge is made “most commonly from butter, milk, sugar, and chocolate,” explains the class action lawsuit, and can be made into almost any flavor. The central component is the milk fat – usually butter, says the plaintiff. 

“Dairy ingredients impart a creamy, rich taste to fudge, because milk fat contain hundreds of lactones, aroma compounds which contribute to its taste,” states the class action lawsuit. “Alternatives to milk fat – such as vegetable oils – do not melt at mouth temperature and leave a waxy mouthfeel.” 

The plaintiff claims that a look at the ingredient list for Flipz White Fudge Covered Pretzels reveals that DeMet’s uses more vegetable fat ingredients, including palm kernel oil and hydrogenated palm oil, than milk and milk fat.  

Spurck accuses DeMet’s of using vegetable oils in Flipz white fudge to reduce the cost of producing the snack. The company leads consumers to believe that they are purchasing a product that contains real fudge, however.  

“Reasonable consumers are misled by the Product’s representation as fudge because they expect this food to have a non-de-minimis amount of milkfat – typically from butter – instead of (hardened) vegetable oil fats,” claims the lawsuit.  

The plaintiff points out that other versions of Flipz brand products, such as the milk chocolate-covered pretzels, do contain the ingredients consumers would expect based on the front label.  

Spurck wants to represent other New York residents who purchased Flipz brand White Fudge Covered Pretzels. She wants the manufacturer, DeMet’s, to pay damages and also stop advertising its product as “fudge.”  

Do you enjoy Flipz White Fudge Covered Pretzels? Did you think they contained real fudge? Tell us in the comment section below! 

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

The Flipz No Fudge Class Action Lawsuit is Spurck v. Demet’s Candy Company, LLC, Case No. 7:21-cv-05506 in the U.S. District Court for the Southern District of New York.  

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