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Choceur Pretzels Covered in “White Fudge” Misleading Representation Class Action

This class action brings suit against Aldi, Inc. for its Choceur brand White Fudge Covered Pretzels. The complaint alleges that the product name is “false, deceptive, and misleading” because the covering is not made of fudge and does not contain the ingredients that consumers expect in fudge.

Two classes have been defined for this action:

  • 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 Iowa, Arizona, Ohio, Indiana, Rhode Island, Delaware, Georgia, Alabama, Louisiana, West Virginia, New Mexico, Michigan, Texas, Arkansas, Virginia and Oklahoma who bought the product during the applicable statutes of limitations.

The first page of the complaint shows an image of the product’s bag, with the words “White Fudge” prominently displayed in a large font in the center of the bag. But the complaint alleges that the representation of “White Fudge” “is false, deceptive and misleading because it lacks the type and amounts of ingredients consumers expect in fudge.”

The complaint contends, “Though fudge can have any flavor, milkfat is the central component.” It quotes recipes and references to support this.

According to the complaint, “Dairy ingredients impart a creamy, rich taste and texture to fudge, because milkfat contains hundreds of lactones, aroma compounds which contribute to its taste.” It adds, “Milkfat melts at mouth temperature (35° C/95° F) and does not contribute to a waxy sensation.”

Companies sometimes use alternatives to milkfat, the complaint alleges, because they are cheaper. These ingredients do not melt at mouth temperature. The complaint alleges, “The result of substituting vegetable fat for dairy fat is that the resulting ‘fudge’ will provide less satiety, [result in] a waxy and oily mouthfeel, and leave an aftertaste.” The consumption of vegetable oils is also linked to health problems, the complaint claims.

The ingredient list is not shown in the complaint. However, the complaint alleges, “A review of the ingredients show that the coating’s most predominant fat ingredient is not from dairy, but vegetable oils—palm kernel oil and hydrogenated palm oils—followed by milk, which contains milkfat, and skim milk powder.” Even so, the complaint contends, “the coating’s fat content is exclusively or predominantly from vegetable oils.”

It claims, “The product’s level of Vitamin D and calcium reveal or would reveal that the amount of milkfat in the Product is substantially less than from vegetable oils, because these figures would be significantly higher if the milkfat level was anywhere close to vegetable oils.”

According to the complaint, the product was worth less than represented by the company.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Choceur Pretzels Covered in “White Fudge” Misleading Representation Complaint

January 22, 2022

This class action brings suit against Aldi, Inc. for its Choceur brand White Fudge Covered Pretzels. The complaint alleges that the product name is “false, deceptive, and misleading” because the covering is not made of fudge and does not contain the ingredients that consumers expect in fudge.

Choceur Pretzels Covered in “White Fudge” Misleading Representation Complaint

Case Event History

Choceur Pretzels Covered in “White Fudge” Misleading Representation Complaint

January 22, 2022

This class action brings suit against Aldi, Inc. for its Choceur brand White Fudge Covered Pretzels. The complaint alleges that the product name is “false, deceptive, and misleading” because the covering is not made of fudge and does not contain the ingredients that consumers expect in fudge.

Choceur Pretzels Covered in “White Fudge” Misleading Representation Complaint
Tags: Contains Too Little of Featured Ingredients, Deceptive Advertising, Deceptive Labels