Kroger agrees to $1.25M settlement over bread calorie mislabeling

Kroger settlement overview:

• Who: The Kroger Co. has agreed to a $1.25 million settlement with the State of California.
• Why: Prosecutors alleged Kroger advertised false calorie counts on its Carbmaster bread products for years.
• Where: The Kroger false advertising lawsuit was filed in Santa Barbara County Superior Court.

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The prosecution alleged Kroger grossly understated its Carbmaster Hamburger Buns as containing 50 calories when the buns actually contained 100, and advertised its Wheat Bread as containing 30 calories when the correct figure was 50.

“Food labeling laws protect consumers and help them make healthy food choices,” Santa Barbara County District Attorney John Savrnoch said. “Kroger marketed Carbmaster Bread Products to consumers on specialty diets while significantly misrepresenting the nutritional information of those products.”

The lawsuit alleged violations of California’s False Advertising Law and Unfair Competition Law under the state’s Business and Professions Code.

During litigation, Kroger was sanctioned by both a federal court and the Santa Barbara County Superior Court for $9,800 and $12,750, respectively, for conduct that included relying on legal arguments a federal judge found foreclosed by Ninth Circuit precedent and failing to comply with multiple discovery orders.

The $1.25 million Kroger settlement was announced June 9. Kroger has not admitted wrongdoing.

In another recent settlement, Kroger agreed to pay $17 million to resolve class action claims it inflated co-payments for insured prescription drug purchases.

What do you think of this Kroger false advertising settlement? Let us know in the comments.

The State of California is represented by Senior Deputy District Attorney Morgan Lucas and District Attorney investigator Robert Parmelee of the Santa Barbara County District Attorney’s Office, along with the district attorney’s offices of Ventura and Riverside counties.

The Kroger false advertising lawsuit is People of the State of California v. The Kroger Co., Case No. 24CV03007, in the Santa Barbara County Superior Court.

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