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7-Eleven Blueberry Donut Holes Blueberry Content Class Action

7-Eleven, Inc. sells “donut holes” in plastic cups under the 7-Select brand name. At issue in this case are its blueberry donut holes, which the complaint alleges “contain[] a smaller amount of blueberries than consumers expect based on the label.”

The class for this action is all those who live in New York or the any of the other forty-nine states and who bought the product during the applicable statutes of limitations.

The labeling for the product includes, among other things, a circle with the 7-Select brand name with the product identified as “Donut Holes” in the center of the circle. The circle is ringed in blue, with a blue strip below the circle reading, “Blueberry.” The word “Blueberry” is in the second-largest font on the label, after “Donut Holes.”

The complaint alleges, “The representation as ‘Blueberry’ is misleading because the Product contains a smaller amount of blueberries than consumers expect based on the label.”

How so, if the cup is transparent and the consumer can see spots of blue? The complaint claims, “Consumers prefer foods which get their taste from a characterizing food ingredient, i.e., blueberries in blueberry donut holes [or] lemon in lemon biscotti, as opposed to added blueberry flavor from blueberries or natural blueberry flavor synthesized from cherries.”

According to the complaint, real blueberries are more expensive than mere flavoring already extracted from berries. Flavoring derived from blue berries, the complaint says, is different from actual blueberries used as an ingredient. Even when the flavoring is extracted from real blueberries to start with, the complaint claims, “it undergoes harsh processing in a laboratory, as opposed to [the berries] being used in their whole form after being picked from the field.”

Another thing that consumers want from whole blueberries, the complaint alleges, is “their numerous health benefits—high in antioxidants, helping to reduce blood pressure and contributing to bone health.”

Why does the complaint claim that the product doesn’t use real blueberries? It reproduces the ingredient panel for the product which includes “Less Than 2% of the Following: Blueberry Bits (Blueberries, Maltodextrin, Corn Starch, Sugar, Sunflower, Lecithin, Natural Flavor)…” These blueberry bits, the complaint contends, are not whole blueberries, and the Natural Flavor cited does not deliver the health and nutrition benefits of real blueberries.

The complaint alleges that the product’s label should reveal this source of flavoring by having the label state “natural blueberry flavored” or “blueberry flavored.” According to the complaint, “The added flavor is needed because the amount of blueberries in the Product is insufficient to independently provide a blueberry taste.” Also, the “added blueberry flavor allows the Product to use [fewer] blueberries…” The ingredient panel also shows “Blue 1,” a blue food coloring which the complaint says also contributes to the impression that the product contains more blueberries than it does.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

7-Eleven Blueberry Donut Holes Blueberry Content Complaint

December 26, 2020

7-Eleven, Inc. sells “donut holes” in plastic cups under the 7-Select brand name. At issue in this case are its blueberry donut holes, which the complaint alleges “contain[] a smaller amount of blueberries than consumers expect based on the label.”

7-Eleven Blueberry Donut Holes Blueberry Content Complaint

Case Event History

7-Eleven Blueberry Donut Holes Blueberry Content Complaint

December 26, 2020

7-Eleven, Inc. sells “donut holes” in plastic cups under the 7-Select brand name. At issue in this case are its blueberry donut holes, which the complaint alleges “contain[] a smaller amount of blueberries than consumers expect based on the label.”

7-Eleven Blueberry Donut Holes Blueberry Content Complaint
Tags: Contains Too Little of Featured Ingredients, Deceptive Advertising, Deceptive Labels