At issue in this case are Bagel Bites brand “pizza bagels” or “pizza snacks” from the Kraft Heinz Foods Company, which are advertised as containing real mozzarella cheese and tomato sauce. The complaint for this class action alleges the pizza bagels are not in fact made with real mozzarella cheese.
The class for this action is all those who live in Wisconsin, Arkansas, or Ohio who bought the product during the applicable statute of limitations.
An image of the Bagel Bites Pizza Bagels box appears on page 2 of the complaint, showing the words “mozzarella cheese” prominently on the front panel. Below those words, in smaller font, are the words, “Mini Bagels with Mozzarella Cheese and Tomato Sauce.” Elsewhere on the front panel are the representations, “Made with Real Cheese” along with the “REAL” dairy seal, “No Artificial Flavors,” “Kosher Dairy,” and “7g of protein per serving.”
The complaint alleges, “The representations are misleading because despite the front label’s emphasis on mozzarella cheese and ‘REAL’ dairy, the Product does not contain mozzarella cheese.”
The complaint refers to federal food regulations to contend, “Mozzarella cheese is made chiefly from dairy ingredients with a small amount of permitted optional ingredients.” It adds, “The reason the optional ingredients are restricted is to prevent addition of lower[-]quality ingredients in place of high-quality dairy ingredients.”
What’s the evidence for this? The complaint points to the ingredient panel, which lists a “Cheese Blend,” which includes a “Part-Skim Mozzarella Cheese” and “Modified Food Starch.” The complaint alleges, “‘Cheese Blend’ is a deceptive name for this ingredient, because no ‘blend’ of cheese, especially ‘REAL’ mozzarella cheese, contains added starch.”
It also claims that “food starch is not part of any mozzarella cheese or any real cheese.” Furthermore, it says, “It is misleading to add filler ingredients to ‘cheese’ and still call the product cheese.”
Consumers who are promised “Mozzarella Cheese” and “REAL” cheese, it says, do not expect to receive cheese blended with modified food starch.
The use of the “REAL” seal is also misleading, the complaint charges: “The REAL Seal was introduced in 1976 by the dairy industry ‘to combat the use of imitation cheeses on pizzas.’” Although the REAL seal does permit some modified uses, none of those concerns the use of modified food starch as part of the cheese. To make it worse, the Bagel Bites box adds around it the reinforcing words “Made with Real Cheeese.”
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Bagel Bites Pizza Snacks “Real Mozzarella” Multi-State Complaint
April 25, 2021
At issue in this case are Bagel Bites brand “pizza bagels” or “pizza snacks” from the Kraft Heinz Foods Company, which are advertised as containing real mozzarella cheese and tomato sauce. The complaint for this class action alleges the pizza bagels are not in fact made with real mozzarella cheese.
Bagel Bites Pizza Snacks “Real Mozzarella” Multi-State ComplaintCase Event History
Bagel Bites Pizza Snacks “Real Mozzarella” Multi-State Complaint
April 25, 2021
At issue in this case are Bagel Bites brand “pizza bagels” or “pizza snacks” from the Kraft Heinz Foods Company, which are advertised as containing real mozzarella cheese and tomato sauce. The complaint for this class action alleges the pizza bagels are not in fact made with real mozzarella cheese.
Bagel Bites Pizza Snacks “Real Mozzarella” Multi-State Complaint