Katherine Webster  |  August 18, 2020

Category: Food

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Trader Joe's storefront - Trader Joe's crackers

Trader Joe’s faces a new class action lawsuit that accuses the company of misrepresenting the ingredients of its 12 Grain Mini Snack Crackers.

Plaintiff Kalman Rosenfeld claims the name “12 Grain Mini Snack Crackers” misleads consumers because it suggests and identifies the 12-grain blend but fails to disclose a more predominant ingredient: refined white flour. 

Rosenfeld says the name of the Trader Joe’s crackers doesn’t include the percentage of the 12-grain blend even though the amount of that ingredient included “has a material bearing on price or consumer acceptance or when the labeling or the appearance of the food may otherwise create an erroneous impression that” the crackers contain more of the blend.

The company’s representations of the product are misleading because the crackers contain a trivial amount of the 12-grain blend, less of the blend than consumers would expect and a predominance of enriched white flour, the class action lawsuit says.

The fine-print ingredient list on the package indicates enriched flour is the main flour and is listed “far ahead” of the 12-grain blend represented in the product’s name.

The plaintiff says she purchased the crackers on multiple shopping trips for Trader Joe’s groceries, including Nov. 24, 2019, in Brooklyn, according to the class action lawsuit. 

Trader Joe’s groceries are available at more than 500 locations in the U.S., several dozen of which are in New York, the class action lawsuit says.

The Trader Joe’s crackers class action lawsuit states that customers seek out products made with flours other than enriched white flour for health and nutrition reasons.

Rosenfeld’s complaint maintains that the product’s packaging is designed to mislead and defraud consumers, and that Trader Joe’s was able to sell more of the product and at higher prices than it would have “in the absence of this misconduct.”

The plaintiff and putative Class Members wanted to purchase and eat products that were “as described and marketed by defendant and expected by reasonable consumers, given the product type,” the class action lawsuit says. “Defendant’s acts and omissions are not unique to the parties and have a broader impact on the public.”

The plaintiff maintains that the defendant “received notice” and should have been aware of the misrepresentations being made after numerous consumers complained to the company’s main office over the last several years. 

Multigrain crackers in a brown bowl - Trader Joe's crackers“Defendant’s fraudulent intent is evinced by its failure to accurately identify the Product on the front label and ingredient list, when it knew its statements were neither true nor accurate and misled consumers,” the Trader Joe’s class action lawsuit says.

The company had a duty to provide non-deceptive marketing for the crackers and should have known its marketing was false or misleading, the class action lawsuit alleges.

“This duty is based on defendant’s position as an entity which has held itself out as having special knowledge and experience in the production, service and/or sale of the product type,” the complaint says.”The representations took advantage of consumers’ cognitive shortcuts made at the point-of-sale and their trust in defendant, a well-known and respected brand or entity in this sector.”

The plaintiff alleges that Trader Joe’s became unjustly enriched at the expense of consumers because the Trader Joe’s crackers’ value as presented to consumers was more than its actual value. 

Had the plaintiff and potential Class Members known, the complaint says, they would not have bought the Trader Joe’s crackers or would have paid less for them. The crackers are sold for about $2.89 per 10-ounce box before tax, which is higher than the price of “similar products represented in a non-misleading way.”

The proposed Class includes anyone residing in New York who purchased the Trader Joe’s crackers within the statutes of limitations.

The Trader Joe’s crackers class action lawsuit accuses the grocery company of violating New York General Business Law and the Magnuson Moss Warranty Act, and of negligent misrepresentation, breaches of express warranty, implied warranty of merchantability, fraud and unjust enrichment.

The plaintiff demands a jury trial and is asking the Court for preliminary and permanent injunctive relief directing Trader Joe’s to correct the challenged practices; restitution and disgorgement for Class Members; monetary damages and interest; costs and expenses, including attorneys’ and experts’ fees; and any further relief deemed appropriate.

Have you purchased Trader Joe’s crackers? Were the ingredients what you expected? Let us know in the comments.

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

The Trader Joe’s Crackers Class Action Lawsuit is Kalman Rosenfeld, et al. v. Trader Joe’s Company, Case No. 1:20-cv-03717, in the U.S. District Court for the Eastern District of New York.

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339 thoughts onTrader Joe’s Class Action Lawsuit Says Multigrain Crackers Are Mislabeled

  1. Gone Crackers says:

    The plainiff’s day job is an ambulance chaser….what a waste of time and taxpayers money!!!

  2. camille danquah says:

    i been buying these crackers instead of ritz thinking that i was providing my family a better carb option.

    1. Steve Casey says:

      You were providing a better option. Ritz crackers contain high fructose corn syrup, these do not.

  3. Tina Puls says:

    I have bought a LOT of these crackers over the last 3 or so years! So has my neighbor who got me eating them.

  4. Stephen G Gainey says:

    Our family shops at Trader Joe’s weekly, and we have bought these crackers almost weekly. As a family, we strive to eat healthily; therefore, it is disappointing that Trader Joe’s has misled its customers. Please add me to this settlement.

  5. Tim Mcdonough says:

    please add me

  6. Sue Bowler says:

    add me please. I always pick up a few boxes whenever we are near a Trader Joes.

  7. Berhane Negussie says:

    Please add me

  8. CAROL CARO says:

    Please add me – disappointed that Trader Joe’s would carry an unauthentic product.

  9. Isabel Brewer says:

    Not what I expected :(
    Please add me.

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