Pepperidge Farm class action claims ‘Harvest Wheat’ crackers contain minimal whole wheat

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Pepperidge Farm whole wheat class action

• Who: A consumer who bought Pepperidge Farms Harvest Wheat crackers is suing the company
• Why: She says the crackers contain minimal whole wheat, and so were falsely advertised
• Where: New York federal court

Pepperidge Farms Harvest Wheat crackers do not contain as much whole wheat as they claim to on the packaging, a new class action lawsuit alleges.

Plaintiff Agnita Cheah filed the class action lawsuit against Pepperidge Farms, Inc, June 20 in a New York federal court, alleging violations of state and federal consumer laws. 

Pepperidge Farm sells dark colored, mottled crackers identified as “Harvest Wheat,” the lawsuit states. The representation as “Harvest Wheat” causes consumers to expect it contains a predominant amount of whole grains compared to refined grains.

However, despite the labeling, the product “contains a negligible absolute and relative amount of whole grains compared to refined grains,” the lawsuit alleges.

The lawsuit cites a study that found that when products used terms like “multigrain” or “wheat” on the front label, between thirty to fifty percent of participants believed these foods had more whole grains than products without such names.

Company sold product at inflated price, lawsuit alleges

While the product contains whole wheat flour, this is listed fifth, just ahead of sugar, the lawsuit says. 

As a result of the alleged false advertising, defendant sold more of the product and at higher price than it should have, resulting in additional profits at the expense of consumers, Cheah says.

The plaintiff is looking to represent anyone who bought the product in New York, plus a Subclass of consumers who bought the product in Kansas, New Hampshire, Nebraska, Virginia, South Carolina, Montana, Iowa, Mississippi, and Utah

Cheah is suing for breach of warranty, fraud and unjust enrichment. She’s seeking certification of the class action, an injunction, damages, fees, costs and a jury trial.

The news comes as Pepperidge Farm is fighting a class action lawsuit alleging its Golden Butter Crackers aren’t buttery enough, arguing customers don’t expect the crackers to be made entirely with butter and without any trace of vegetable oil.

What do you think of the allegations in this case? Let us know in the comments! 

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

The Pepperidge Farm Class Action Lawsuit is Agnita Cheah v. Pepperidge Farm, Inc, Case No. 2:22-cv-03633 in the U.S. District Court Eastern District of New York Central Islip.

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