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 storeโs 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 ShopRiteโs 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.ย
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 โGraham Crackersโ and โSugar Honey,โ as well as a picture of a honey dipper in a jar of honey and a stamp image stating โ8g or more [whole grains] grain per serving.โ
โThe labeling gives consumers the impression it has a greater absolute and relativeย 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,โ the complaint states.ย
Based on the ingredients list, the most predominant ingredient in the graham crackers is the refined-grain โEnriched Flourโ listed ahead of โGraham Flour (Whole Wheat Flour).โ โConsumers have no way to determine the proportion of whole grain graham flour to refined white flour based on [the label],โ 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 โincreasingly prefer whole grains to non-wholeโ for the nutrients, such as fiber, iron, and magnesium, that whole grain contains, the complaint argues.ย
Have you purchased Wakefernโs 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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21 thoughts onWakefern class action claims retailer misrepresents amount of whole grain graham flour in graham crackers
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I received a postcard through mail but I canโt get to the site I started shoprite on January 15th,2010 but no longer work I left July 30th 2023
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