Oreo Class Action Challenges ‘Real Cocoa’ Claim

A class action lawsuit challenges the use of the phrase “always made with real cocoa” in the advertisements for Oreo cookies.

According to consumers, the fact that Oreos are made with coca powder processed with alkali is inconsistent with Mondelēz Global LLC’s use of the term “real cocoa” to advertise the cookies, which implies that the cocoa is in its pure form without additional ingredients.

Plaintiff Charles Harris has filed the Oreo cocoa claims class action lawsuit against Mondelēz Global LLC, the makers of Oreo cookies. Harris claims that he purchased one or more Oreo products for personal use that bore the phrase “always made with real coca.” Allegedly, he relied on this phrase to make his purchasing decision, and made his purchase because he believed that the product was made with “real cocoa.”

According to Harris, Mondelēz’s use of the phrase “always made with real cocoa” misleads consumers as to the nature of the cocoa present in Oreo cookies.

Harris’s class action lawsuit states that cocoa powder can either be treated through alkalization, or can be used in its non-alkalized state. Allegedly, the cocoa present in Oreo cookies was treated with alkali, which reduced cocoa’s acidity and gives it the dark color associated with Oreos. Allegedly, the alkalized cocoa has less of a “real cocoa” taste than non-alkalized cocoa.

Harris’s attorney goes on to say that when consumers hear words like “real” in association with an ingredient, they assume that the ingredient will appear in its pure form. Allegedly, this is attractive to consumers and seek out products with recognizable, pure ingredients.

The Oreo class action lawsuit contends that Mondelēz Global LLC knows that consumers prefer ingredients that are in their pure form, and uses the “real cocoa” advertisements to appeal to this preference. Harris says that, according to market research, a majority of consumers “say that when it comes to ingredient trends, a back-to-basics mind-set, focused on simple ingredients and fewer artificial or processed foods, is a priority.”

Allegedly, consumers who are shopping for products with “real” and “pure” ingredients would not expect that the cocoa in Oreos would be treated with alkali, and would not expect that the “real cocoa” that is advertised still contains alkali and has a reduced cocoa taste.

Harris alleges in his lawsuit that “no reasonable consumer would expect the cocoa in [Oreos] to have been made with and contain alkali because ‘real,’ in modifying the word ‘cocoa’ represents the  cocoa powder is included in its most simplified form.”

The Oreo cocoa class action lawsuit says that the presence of alkali in the cocoa is a distinguishing characteristic in the cocoa used in Oreo cookies, because it affects the taste and color of the cocoa. Allegedly, the presence of alkali would affect whether or not a consumer would purchase the product, and should therefore be included.

Charles Harris is represented by Spencer Sheehan of Sheehan & Associates PC.

The Oreo “Real Cocoa” Class Action Lawsuit is Charles Harris v. Mondelēz Global LLC, Case No. 1:19-cv-02249, in the U.S. District Court for the Eastern District of New York.

Read More Lawsuit & Settlement News:

General Mills Class Action: Chocolate Cheerios Don’t Contain Real Cocoa

Despite Baby Powder Dangers, J&J May Have Marketed to Minority Groups

O Organics Kombucha Class Action Says Alcohol Content Understated

Ice Cream Maker Blames Caustic Soda Price Increase on Anti-Competitive Conspiracy