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Entenmann’s Chocolate “Fudge” Iced Cake No Real Fudge Icing Class Action

What is fudge? And does Entenmann’s Chocolate Fudge Iced Cake really have fudge icing? The complaint for this class action alleges that Bimbo Bakeries USA, Inc., the company that makes Entenmann’s products, does not make the icing with fudge, or makes it with less fudge than consumers expect from the labeling.

The complaint quotes a number of definitions of, and recipes for, fudge, most of them saying that fudge is made from sugar, butter, and milk (or cream). The complaint claims, “Though fudge can have almost any flavor, milkfat is the central component.”

The quality of the fudge depends on the type of fat in it, the complaint contends. While it should be made with dairy ingredients, it is sometimes also made with vegetable oils.

Milkfat, a dairy product, comes largely from the butter used in fudge. Milkfat melts at mouth temperature and gives fudge a rich, creamy taste.

But vegetable oils are solid at room temperature, do not melt at mouth temperature, and give fudge a waxy mouthfeel. They do not contribute to the real flavor of fudge, the complaint claims, because they are supposed to be “refined, bleached and deodorized.” Unfortunately, the complaint alleges, “these ingredients are subject to reversion where they contribute off-odors to foods.”

The front label on a product must show a common or usual name that describes “in as simple and direct terms as possible, the basic nature of the food or its characterizing properties or ingredients.” This is required by federal and sometime identical state regulations. Violations of federal food labeling laws in Illinois are thus also violations of Illinois laws.

According to the complaint, “Whether a chocolate cake is iced with fudge and the ingredients which comprise it or substitutes lesser-quality ingredients in place of fudge[] is basic front[-]label information consumers rely on when making quick decisions at the grocery store.”

The complaint reproduces the Entenmann’s cake ingredient panel, showing no butter or milk but “Vegetable Oil (Soybean),” “Vegetable Shortening (Palm, Soybean)” and “Whey.” The complaint alleges the cake product “lacks ingredients essential to fudge—butter and milk—and substitutes lower[-]quality and lower-priced vegetable oils and whey.”

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 and Arkansas who bought the product during the applicable statutes of limitations.
Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Entenmann’s Chocolate “Fudge” Iced Cake No Real Fudge Icing Complaint

August 23, 2021

What is fudge? And does Entenmann’s Chocolate Fudge Iced Cake really have fudge icing? The complaint for this class action alleges that Bimbo Bakeries USA, Inc., the company that makes Entenmann’s products, does not make the icing with fudge, or makes it with less fudge than consumers expect from the labeling.

Entenmann’s Chocolate “Fudge” Iced Cake No Real Fudge Icing Complaint

Case Event History

Entenmann’s Chocolate “Fudge” Iced Cake No Real Fudge Icing Complaint

August 23, 2021

What is fudge? And does Entenmann’s Chocolate Fudge Iced Cake really have fudge icing? The complaint for this class action alleges that Bimbo Bakeries USA, Inc., the company that makes Entenmann’s products, does not make the icing with fudge, or makes it with less fudge than consumers expect from the labeling.

Entenmann’s Chocolate “Fudge” Iced Cake No Real Fudge Icing Complaint
Tags: Contains Too Little of Featured Ingredients, Deceptive Advertising, Deceptive Labels