Wakefern class action claims retailer misrepresents amount of whole grain graham flour in graham crackers

Wakefern class action lawsuit overview:

• Who: A ShopRite customer filed a class action lawsuit against parent company Wakefern.
• Why: The plaintiff alleges certain ShopRite Bowl & Basket-brand graham crackers falsely lead customers into thinking the crackers contain more whole grains than they actually do.
• Where: The class action lawsuit was filed in New York federal court.

A New York ShopRite customer alleges the store’s Bowl & Basket-brand graham crackers contain misleading representation on the label regarding its whole grain content since the product is predominantly made of non-whole grain flour.

The class action lawsuit was brought against ShopRite’s parent company, Wakefern, which also manages Fairway Market and The Fresh Grocer, among other grocery brands. The lead plaintiff is Sara Feldman, who seeks to represent a New York state class to include everyone in the state who bought the graham crackers in question during the statutes of limitations for each cause of action alleged, as well as a consumer fraud multi-state class to include purchasers in the states of New Jersey, Pennsylvania, New Hampshire, Delaware and Connecticut.

Feldman brings claims of fraud, breach of warranty and consumer protection violations against Wakefern. She seeks monetary damages, restitution and disgorgement, statutory and/or punitive damages, and litigation costs and expenses. 

Wakefern graham crackers contain more refined flour, complaint argues

The Bowl & Basket-brand graham crackers challenged in the Wakefern class action lawsuit include on the label the words “Graham Crackers” and “Sugar Honey,” as well as a picture of a honey dipper in a jar of honey and a stamp image stating “8g or more [whole grains] grain per serving.”

“The labeling gives consumers the impression it has a greater absolute and relative amount of whole grain graham flour compared to non-whole grain flour than it does and that it contains a non-de minimis amount of honey,” the complaint states. 

Based on the ingredients list, the most predominant ingredient in the graham crackers is the refined-grain “Enriched Flour” listed ahead of “Graham Flour (Whole Wheat Flour).” “Consumers have no way to determine the proportion of whole grain graham flour to refined white flour based on [the label],” the complaint argues.

Further, the use of honey is to allegedly darken the product, which studies have shown consumers associate more with whole grains, according to the complaint.

Wakefern made these representations, despite failing to tell customers the predominance of refined flour, since consumers “increasingly prefer whole grains to non-whole” for the nutrients, such as fiber, iron, and magnesium, that whole grain contains, the complaint argues. 

Have you purchased Wakefern’s Bowl & Basket graham crackers? You could be a part of this class action lawsuit!

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

The Wakefern Class Action Lawsuit is Feldman v. Wakefern Food Corp., Case No. 7:22-cv-06089, in the US District Court for the Southern District of New York.

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