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Cheesecake Factory Brown Bread Mostly Not Whole Grains Class Action

Bimbo Bakehouse, LLC offers a product it calls Brown Bread, under the Cheesecake Factory brand. The loaf is brown in color with pieces of grain visible on its top. The complaint alleges that the company misleads consumers into thinking it is a whole grain bread, even though its primary ingredient is enriched white flour and that it obtains its dark color through molasses and other added coloring.

The Illinois Class is all persons in Illinois who bought the product during the applicable statutes of limitations.

The Consumer Fraud Multi-State Class is all persons in Arkansas, Montana, Nebraska, Virginia, Georgia, and Iowa who bought the product during the applicable statutes of limitations.

Page 1 of the complaint shows an image of the loaf, bearing the words “Our Famous ‘Brown Bread’” and “Wheat Sandwich Loaf.” It is dark brown with bits of whole grains scattered on the top crust.

Consumers these days value whole grains, the complaint alleges, because they include the entire grain, including the endosperm, bran, and germ. The complaint alleges, “The bran and germ contain important nutrients like fiber, vitamins, minerals, and antioxidants, such as iron, zinc, folate, magnesium, thiamin, niacin, selenium, riboflavin, manganese, copper, vitamin A, and vitamin B6.” They also provide a robust brown color.

Unfortunately, the bran and germ are removed when grains are refined, which also removes most of the fiber and many of the other nutrients. The non-whole grains may then be enriched to add back in some of the nutrients removed, the complaint claims, including the iron and B vitamins. Refined or non-whole grain breads are generally lighter in color.

Consumers often try to get more whole grains and fiber, the complaint alleges, and they expect whole grain foods to be a good source of fiber. The complaint alleges, “Studies have shown that consumers seeking whole grains look for products darker in color with visible grains.”

The complaint displays the Nutrition Facts label for the bread at issue in this case on page 5 of the complaint. It shows that a serving of the bread contains only one gram of fiber.

The following page shows the ingredient panel, with the first ingredient listed being Enriched Wheat Flour. Whole Wheat Flour is only the third most predominant ingredient, after Water. This does not even reveal the percentage of flour in the bread that is whole wheat, the complaint alleges.

Lower down on the ingredient list are Dried Molasses and Caramel Color, which the complaint alleges cause the bread to be significantly darker than it would be if the color was based solely on the ratio of refined grains to whole grains.”

The complaint alleges that because of the bread’s “false and misleading representations,” consumers have been willing to pay more for it, approximately $3.99 per loaf, “higher than it would be sold for absent the misleading representations and omissions.”

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Cheesecake Factory Brown Bread Mostly Not Whole Grains Complaint

February 26, 2022

Bimbo Bakehouse, LLC offers a product it calls Brown Bread, under the Cheesecake Factory brand. The loaf is brown in color with pieces of grain visible on its top. The complaint alleges that the company misleads consumers into thinking it is a whole grain bread, even though its primary ingredient is enriched white flour and that it obtains its dark color through molasses and other added coloring.

Cheesecake Factory Brown Bread Mostly Not Whole Grains Complaint

Case Event History

Cheesecake Factory Brown Bread Mostly Not Whole Grains Complaint

February 26, 2022

Bimbo Bakehouse, LLC offers a product it calls Brown Bread, under the Cheesecake Factory brand. The loaf is brown in color with pieces of grain visible on its top. The complaint alleges that the company misleads consumers into thinking it is a whole grain bread, even though its primary ingredient is enriched white flour and that it obtains its dark color through molasses and other added coloring.

Cheesecake Factory Brown Bread Mostly Not Whole Grains Complaint
Tags: Contains Too Little of Featured Ingredients, Deceptive Advertising, Deceptive Labels, Made with More White Flour than Whole Wheat Flour