Totino’s class action over fake cheese in pizza rolls dismissed

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Update:

• An Illinois federal judge threw out a class action lawsuit alleging Totino’s deceptively markets its frozen cheese pizza rolls because they’re not made with real cheese, saying the definition of pizza doesn’t include a reference to “real cheese.” 
• On March 3, U.S. District Judge Manish S. Shah granted Totino’s owner General Mills’ motion to dismiss plaintiff Lakita Smith’s lawsuit. 
• Smith alleged the products’ “cheese” representations were misleading because the cheese used is almost entirely imitation cheese instead of traditional cheese.
• However, Judge Shah disagreed with Smith’s claims, stating that none of the definitions of pizza Smith references in the complaint say pizza must contain a specific amount of real cheese. “What’s more, federal regulations don’t contain a standard of identity for pizza,” the judge says.
• Smith has until March 24 to file an amended complaint.

Totino’s Pizza Rolls Class Action Lawsuit Overview:

• Who: A pizza roll consumer has filed a class action lawsuit against General Mills Sales, Inc., maker of Totino’s pizza rolls. 
• Why: The plaintiff says the pizza rolls are deceptively marketed as they contain imitation cheese.
• Where: The class action lawsuit was filed in Illinois federal court.

(March 25, 2022)

Totino’s frozen cheese pizza rolls are not made with real cheese, a new class action lawsuit alleges.

Plaintiff Lakita Smith filed the complaint against General Mills Sales, Inc. March 23 in an Illinois federal court, alleging violations of state and federal consumer laws. She said the company makes and sells frozen cheese pizza rolls under the Totino’s brand. 

The pizza rolls are marketed with words like “Cheese” and “Pizza In A Golden Crust” and pictures of the pizza rolls with the visible contents of what appears to be red tomato sauce and white cheese, Smith says.

However, she alleges the representations are “false, deceptive and misleading” because the cheese used is almost entirely imitation cheese instead of traditional cheese.

“The representations cause consumers to expect the Product contains a non-de minimis amount of ingredients associated with pizza, such as cheese,” Smith says.

Totino’s Pizza Rolls Don’t Meet Common Understanding of Pizza, Plaintiff Says

In her lawsuit, Smith turns to multiple dictionary definitions of pizza to make her case. In the Collins Dictionary, for instance, pizza is defined as “dough covered with tomatoes, cheese and other toppings and then baked in an oven.” 

As a result, when customers are marketed “cheese” and “pizza,” they expect real cheese, Smith argues. She says the pizza rolls use imitation cheese, which is made by combining vegetable oils, corn starch and casein, instead of milk solids. 

Smith is looking to represent a class of Illinois residents who bought the product, plus a multi-state Class from Arkansas, Iowa, Utah, Idaho, Alaska and Montana. She’s suing for violations of state consumer fraud acts, as well as breach of warranty, fraud and negligent misrepresentation. Smith is seeking certification of the class action, damages, fees, costs and a jury trial.

Last year, Kraft was hit with a class action lawsuit alleging its Bagel Bites Mini Bagels With Mozzarella Cheese and Tomato Sauce do not in fact contain mozzarella cheese or tomato despite a third-party verification sticker.

Do you expect your pizza and cheese products to contain real cheese? Let us know in the comments. 

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

The General Mills Pizza Rolls Class Action Lawsuit is Lakita Smith v. General Mills Sales, Case No. 1:22-cv-01529, in the U.S. District Court Northern District of Illinois, Eastern Division.

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