Kodiak Cakes Class Action Says Baking Mixes Are Half Empty

A class action lawsuit has been filed against Kodiak Cakes by consumers who claim that the company conceals the amount of waffle, flapjack, and baking mixes in their opaque packaging.

Plaintiff Ty Stewart, of San Diego, says he has bought the company’s flapjack, waffle, and baking mixes on numerous occasions based on label claims that the products are “protein-packed,” contain “no preservatives,” are “free of artificial additives” and are “non-GMO,” the Kodiak Cakes class action lawsuit claims. 

Stewart states that he believed that the Kodiak Cakes packages contained more of the mix than it actually did and he would not have purchased the product if he knew that the box was only half-full.

Likewise, plaintiff Jocelyn Fielding says she purchased several of the defendant’s products including the Flapjack and Waffle Mixes as well as the Kodiak Cakes’ frozen Power Waffles. Fielding claims that each time she bought one of the mixes, she thought they would be more than half-full. 

“Kodiak Cakes engages in a uniform packaging scheme for its waffle, flapjack and baking mixes (collectively ‘cooking mixes’) that conceals the amount of the product actually contained in the package and misleads consumers into believing there is more product inside the packaging than there actually is,” the plaintiffs allege.

Kodiak Cakes is the self-proclaimed “best-selling pancake brand in its industry” and is an official food of Weight Watchers, Diabetic Living, and Shape Magazine, claims the plaintiffs.

The Kodiak Cakes class action alleges that the company sells its mixes in a non-transparent box that looks and feels like cardboard. The plaintiffs state that the boxes are less than half-full with the actual product.

The boxes conceal the amount of the product that is actually contained within and prevents consumers from seeing exactly how much of the mix is in the box, the plaintiffs argue.

“Kodiak Cakes’ deceptive and misleading practice of filling less than half of the opaque box with its cooking mixes misrepresents the products as having quantities that they do not have,” the Kodiak Cakes class action lawsuit claims.

In addition to the amount of product that are in the packaging, the plaintiffs claim that the labeling, marketing, and advertising are also deceptive. The Kodiak Cakes class action states that the mixes contain “Natural Claims,” “Health Claims,” and “Nutrient Claims,” that are misleading because the mixes contain unhealthy levels of saturated fat as well as high levels of sugar, among other issues.

The plaintiffs state that these claims are the “primary features” that distinguish them from other pancake, waffle, and breakfast snack products that are currently on the market, such as Aunt Jemima, Bisquick, Krusteaz, and Betty Crocker.

The Kodiak Cakes class action alleges that a reasonable customer would expect that a product with these claims does actually contain the characteristics and the qualities as packaged, marketed, and advertised.

“Consequently, Kodiak Cakes’ uniform advertising and marketing scheme is designed to cause consumers to purchase Kodiak Cakes products because of these deceptive messages. Defendant has succeeded,” the Kodiak Cakes class action lawsuit claims.

The plaintiffs state that if they had known that these claims were false and had known about the exact amount of the product contained inside the box of mixes, they would not have purchased the product or would have paid less for them.

Kodiak Cakes is not the only company to be sued about the amount of the product contained in their packaging. In June 2018, Immaculate Backing was accused of underfilling its cake mixes as well. 

The plaintiffs bring this action against the defendants in violation of the California’s Consumers Legal Remedies Act, Unfair Competition Law, False Advertising Law, breach of express warranty, and unjust enrichment.

Have you purchased the various Kodiak Cakes mentioned in this article? Check out the Kodiak Cakes Class Action Lawsuit Investigation. 

The plaintiffs are represented by Dave Fox, Joanna Fox, and Courtney Vasquez of Fox Law APC.

The Kodiak Cakes Slack-Fill Class Action Lawsuit is Ty Stewart, et al. v. Kodiak Cakes LLC, Case No. 3:19-cv-02454, in the U.S. District Court for the Southern District of California.

UPDATE: The Kodiak Cakes Slack-Fill Investigation is now open! If you purchased Kodiak Cakes baking mixes and found the boxes only half full, submit your information here!

Join a Free Kodiak Cakes Class Action Lawsuit Investigation

If you purchased Kodiak Cakes baking mixes and found the boxes to be only half full or were deceived by the products’ marketing claims, you may qualify to join a FREE Kodiak Cakes class action lawsuit investigation.

Join Here