The complaint for this class action alleges that sales of caramel candies have been increasing by five percent per year in the past decade. But the complaint alleges that Ferrara Candy Company, which makes Brach’s Milk Maid caramels gives consumers the impression that its caramel candy is of higher quality than it is by implying, falsely, that the candy contains a significant amount of milk fat.
Two classes have been defined for this action:
- The Illinois Class is all persons in Illinois who bought the caramel products during the applicable statutes of limitations.
- The Consumer Fraud Multi-State Class is all persons in Arkansas, Iowa, Wyoming, Texas, Nebraska, South Dakota, West Virginia, Utah, Idaho, Alaska, and Montana who bought the caramel products during the applicable statutes of limitations.
The complaint alleges, “Consumer research group Mintel confirmed the increase in the number of new launches of higher-priced caramels while lower-priced caramel products are declining.” It also asserts, “Part of the premiumization of caramel products is based on the presence of high[-]quality ingredients, from dairy sources, as opposed to vegetable fats like palm oil.”
Page 2 of the complaint shows three different packages of the Brach’s caramels. All three bear the “Milk Maid” name and the claim, “Made with Real Milk.” Two show an image of a milk pitcher and also the words “Rich and Creamy” or “Rich & Creamy.” These representations, the complaint alleges, “cause[] consumers to expect a non-de minimis amount of milk fat.”
But this is not true, the complaint alleges: “[T]he representations are false, deceptive, and misleading, because the fat content is exclusively from vegetable fat.”
Page 6 shows an image of the ingredient panel, which lists the ingredients of the caramels, beginning with “Corn Syrup, Sugar, Hydrogenated Palm Kernel Oil, Skim Milk, Buttermilk, Whey…”
The complaint alleges, “While the ingredients include milk, these are skim milk and buttermilk.” Skim milk, it says, has less than 0.1% fat and buttermilk less than 0.5%.” As to the whey, while it is a milk product, the complaint alleges that it almost all protein, which “provides structure” and “is added for cost savings over more expensive milk fat ingredients.”
The complaint claims that it is false, deceptive and misleading to use lower-cost vegetable oils as a substitute for “the most valuable component of milk, milk fat…”
The complaint alleges that the practice of removing milkfat and replacing it with vegetable oil produces something called “filled milk,” which was common in the early 20th century. However, it alleges, “Congress prohibited filled milk as deleterious to public health and deceptive to consumers.” It claims that the combination of skim milk and palm oil in the caramels is the equivalent of filled milk.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Brach’s Milk Maid Caramels “Made with Real Milk” Claims Complaint
April 16, 2022
The complaint for this class action alleges that sales of caramel candies have been increasing by five percent per year in the past decade. But the complaint alleges that Ferrara Candy Company, which makes Brach’s Milk Maid caramels gives consumers the impression that its caramel candy is of higher quality than it is by implying, falsely, that the candy contains a significant amount of milk fat.
Brach’s Milk Maid Caramels “Made with Real Milk” Claims ComplaintCase Event History
Brach’s Milk Maid Caramels “Made with Real Milk” Claims Complaint
April 16, 2022
The complaint for this class action alleges that sales of caramel candies have been increasing by five percent per year in the past decade. But the complaint alleges that Ferrara Candy Company, which makes Brach’s Milk Maid caramels gives consumers the impression that its caramel candy is of higher quality than it is by implying, falsely, that the candy contains a significant amount of milk fat.
Brach’s Milk Maid Caramels “Made with Real Milk” Claims Complaint