Hodgson Mills Class Action Alleges Baking Mixes Not ‘All Natural’

A class action alleging that Hodgson Mills violated consumer protection laws with its “all natural” pancake, cornbread, and muffin mixes has been set for trial on Sept. 17, 2018.

The complaint asserts that even though the various mixes are labeled in large letters as “ALL NATURAL” on the front of the box, the products actually contain several synthetic substances.

The Hodgson Mills baking mixes class action lawsuit states that they contain monocalcium phosphate, gluconodeltalactone, corn meal, dextrose, and/or soy lecithin. The complaint contends that each of those substances is synthetic.

According to the class action, monocalcium phosphate is “an inorganic, synthetic leavening agent that is manufactured by treating calcium hydroxide with phosphoric acid.”

The complaint also notes that it is classified as a “synthetic substance” by federal regulation and “is also used as a fertilizer.” The class action contends that soy lecithin is “a waste product from the manufacturing process to create soy oil,” and is created by using “harsh chemical solvents, usually hexane and bleach.”

Finally, the Hodgson Mills class action claims that the other three substances used in the mixes—gluconodeltalactone, corn meal, dextrose—are made from genetically modified corn.

Genetically modified organisms are “[p]lants or animals that have had their genetic makeup altered to exhibit traits that are not naturally theirs,” and are by definition not “natural,”  the class action argues.

Based on the misrepresentations that the pancake, muffin, cornbread, and baking mixes were “ALL NATURAL,” the class action contends that Hodgson Mills violated consumer protection laws.

In addition, the complaint asserts that Hodgson Mills was able to charge a higher price for their mixes. The complaint cites the Federal Trade Commission that “if companies market their products as ‘all natural’ or ‘100% natural,’ consumers have a right to take them at their word.”

Plaintiff Shannah Burton states that in January of 2016 she purchased Hodgson Mills Buckwheat Pancake Mix for $3.99. Burton claims that she saw the “ALL NATURAL” label on the packaging, and purchased the mix because of it. Burton asserts that if she had known the truth, she would not have purchased it.

The deceptive advertising lawsuit requests certification of a Class of “all persons in the United States who purchased Defendant’s Buckwheat Pancake Mix, Whole Wheat Blueberry Muffin Mix, Whole Wheat Buttermilk Pancake Mix, Mexican Style Jalapeno Cornbread Mix, and Insta-Bake Whole Wheat Variety Baking Mix with Buttermilk for personal, household, or family purposes and not for resale” in the past five years.

In the alternative, the complaint asks for a subclass of Illinois consumers who purchased those products. The class action seeks compensatory damages for Class Members, as well as an injunction stopping Hodgson Mills from “continuing to engage in deceptive, unfair, and false marketing of the Mixes.”

Burton is represented by Matthew H. Armstrong of Armstrong Law Firm LLC, David C. Nelson of Nelson & Nelson Attorneys at Law PC, and Stuart L. Cochran of Cochran Law PLLC.

The Hodgson Mills “All Natural” Baking Mixes Class Action Lawsuit is Shannah Burton v. Hodgson Mills Inc., Case No. 3:16-cv-01081, in the U.S. District Court for the Southern District of Illinois.