Dunkin’ Donuts Class Action Challenges ‘Blueberry’ and ‘Maple’ Doughnuts

Dunkin’ Donuts products don’t actually contain the natural-sounding ingredients in their names, according to a new false advertising class action lawsuit.

Defendant Dunkin’ Donuts markets more than a dozen doughnuts and other pastries with the terms “blueberry” or “maple” in their names, according to plaintiff Hrach Babaian of California. These products don’t actually contain any blueberries, maple syrup or maple sugar, Babaian claims, making them deceptively mislabeled.

Babaian accuses Dunkin’ Donuts of purposely naming these doughnuts with ingredients they don’t contain so that they will be more appealing to consumers. The company has known from the start of distribution and sale of these products that they did not contain blueberries or maple, Babaian claims.

Yet Dunkin’ Donuts continues to market these allegedly mislabeled donuts on the premise that the words “blueberry” and “maple” in their names make consumers more likely to purchase them, according to this false advertising class action lawsuit.

Babaian says Dunkin’ Donuts intentionally misleads consumers so they will buy a product they would not have bought otherwise. Furthermore, the company allegedly conceals the deception by adding artificial flavors to their products to mimic the flavor of the real ingredients in the products’ names, Babaian claims.

Babaian says he bought a Blueberry Cake Donut and a Maple Frosted Donut from a Dunkin’ Donuts this past May. In choosing those particular doughnuts, he says he relied on the shop’s signage that described them – none of which disclosed that the doughnuts he bought did not contain any blueberries or real maple ingredients.

In addition to Babaian’s claims, Dunkin’ Donuts has been facing other accusations of false advertising. In April 2017, the company reached a settlement with plaintiff Jan Polanik over allegations that the company had been passing off margarine as real butter.

Another plaintiff took action against Dunkin’ Donuts within the past few weeks over the company’s “Angus Steak and Egg Sandwich.” Plaintiff Chufen Chen says the sandwich contains no actual Angus steak but instead is based on an ordinary hamburger patty made of lower-quality meat.

Babaian’s Dunkin’ Donuts class action lawsuit lists the following 14 specific Dunkin’ Donuts products that he says are deceptively mislabeled:

• Blueberry Butternut Donut
• Blueberry Cake Donut
• Blueberry Crumb Cake Donut
• Glazed Blueberry Munchkin
• Frosted Maple Crème Donut
• Glazed Apple Maple Donut
• Maple Apple Croissant Donut
• Maple Crème Donut
• Maple Crème Drizzle Donut
• Maple Crumb Cake Donut
• Maple Frosted Coffee Roll
• Maple Frosted Donut
• Maple Frosted Sprinkles Donut
• Maple Vanilla Crème Donut

Babaian seeks to represent a plaintiff Class that includes all persons in the U.S. who purchased any of the above Dunkin’ Donuts products. He also proposes two subclasses of California Class Members for purposes of bringing claims under California law.

He is asking the court to order Dunkin’ Donuts to stop using the words “blueberry” and “maple” in the names of its doughnuts. He also seeks an award of actual, consequential and statutory damages, restitution, court costs and attorney’s fees, all with pre-judgment interest.

Babaian is represented by attorney Hovanes Margarian of The Margarian Law Firm.

The Dunkin’ Donuts False Advertising Class Action Lawsuit is Hrach Babaian v. Dunkin’ Brands Group Inc., Case No. 2:17-cv-04890, in the U.S. District Court for the Central District of California.