Walmart class action over fake fudge claims dismissed again

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Update:

• An Illinois federal judge dismissed a class action lawsuit accusing Walmart of misleading consumers about the fudge and mint content in its Great Value-brand fudge mint cookies.
• On Feb. 7, U.S. District Judge Mary M. Rowland dismissed the case after reviving it from an earlier dismissal in August 2022. In her ruling, she says Walmart did not mislead consumers by selling mint fudge cookies made with vegetable oil instead of dairy fat. 
• Judge Rowland says plaintiff Eugene DeMaso failed to point out any case law showing that reasonable shoppers expect their grocery store fudge to be made with dairy and added that the suit itself says “fudge can contain vegetable oils.”
• Judge Roland gave DeMaso until Feb. 22 to refile the suit or face dismissal with prejudice.

Walmart fudge mint cookies class action lawsuit overview: 

• Who: Eugene DeMaso filed a class action lawsuit against Walmart Inc. 
• Why: DeMaso claims Walmart misleads consumers about the fudge in its Great Value-brand fudge mint cookies. 
• Where: The class action lawsuit was filed in Illinois federal court.

(Aug. 25, 2022)

Walmart’s Great Value brand fudge mint cookies lack the essential ingredients of fudge, a new false advertising class action lawsuit alleges.

Plaintiff Eugene DeMaso claims Walmart makes the fudge in its Great Value fudge mint cookies using vegetable oil shortening, misleading consumers who expect it to contain dairy ingredients. 

DeMaso wants to represent an Illinois class of consumers and multi-state subclass of consumers from 25 states who purchased Walmart’s Great Value fudge mint cookies. 

DeMaso said he purchased the cookies with the expectation they would contain fudge and mint ingredients, as the product represented. 

“Plaintiff relied on the words and images on the Product, on the labeling and/or claims made by Defendant in digital and/or social media,” the class action lawsuit states. 

DeMaso argues he paid more than what the Great Value fudge mint cookies were actually worth, and claims he would not have paid as much had he known the representations about its fudge were false.

“Whether a product contains fudge and/or ingredients expected in fudge, is basic front label information consumers rely on when making quick decisions at the grocery store,” the class action states. 

Fudge made with vegetable oil rather than dairy ingredients “will provide less satiety, a waxy and oily mouthfeel, and leave an aftertaste,” according to the class action lawsuit. 

Walmart fudge mint cookies allegedly do not contain mint

DeMaso further claims the Great Value fudge mint cookies do not actually contain any mint, but instead get their mint flavor from “Natural and Artificial Flavor.” 

“The product’s label is misleading because it contains no mint, indicated by its absence on the ingredient list,” the class action lawsuit states. 

DeMaso claims Walmart is guilty of fraud, unjust enrichment and negligent representation, and is in violation of Illinois’ Consumer Fraud and Deceptive Business Practices Act, the Magnuson Moss Warranty Act and multiple state consumer fraud acts. 

DeMaso is demanding a jury trial and requesting injunctive relief along with monetary, statutory and/or punitive damages for himself and all class members. 

A similar false advertising class action lawsuit was filed against Del Monte Foods last month by a consumer who claims it falsely advertises that its Farmhouse Cut Green Beans have no preservatives. 

Have you purchased Walmart’s Great Value brand Fudge Mint Cookies? What do you think of the false advertising class action? Let us know in the comments! 

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

The Walmart fudge mint cookies class action lawsuit is DeMaso, et al. v. Walmart Inc., Case No. 1:21-cv-06334, in the U.S. District Court for the Northern District of Illinois.

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