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

Star Brands North America, Inc. makes a product under its Flipz brand that it calls White Fudge Covered Pretzels. But the complaint for this class action alleges that the 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, New Mexico, Michigan, Texas, Arkansas, Virginia, and Oklahoma who bought the product during the applicable statutes of limitations.

Page 1 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. The complaint quotes the product’s website as saying that the pretzels are “layered in creamy white fudge.” 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 complaint reproduces an image of the product’s ingredient panel. Among the ingredients are, in order, “Vegetable Oil (Palm Kernel Oil and Hydrogenated Palm Oil), Milk, Skim Milk Powder…” The complaint alleges that “the Product’s coating is misrepresented as ‘[White] Fudge’ because its fat content is almost entirely from non-dairy fats, and substitutes vegetable oils.”

It also reproduces an image of an earlier ingredient panel used for the product, which lists the “fudge” ingredients separately. The complaint concludes 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 and skim milk powder.”

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Flipz Pretzels Covered in “White Fudge” Misleading Representation Complaint

January 22, 2022

Star Brands North America, Inc. makes a product under its Flipz brand that it calls White Fudge Covered Pretzels. But the complaint for this class action alleges that the 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.

Flipz Pretzels Covered in “White Fudge” Misleading Representation Complaint

Case Event History

Flipz Pretzels Covered in “White Fudge” Misleading Representation Complaint

January 22, 2022

Star Brands North America, Inc. makes a product under its Flipz brand that it calls White Fudge Covered Pretzels. But the complaint for this class action alleges that the 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.

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