Fresh Market No Nutrition Facts on Bakery Goods Class Action

Which products in a food store must contain proper nutrition labels? This class action brings suit against The Fresh Market, Inc., claiming that certain of its bakery products should, but don’t, have such labels. The complaint alleges that selling these baked goods without the labels is a violation of federal law. The counts include breach of contract and breach of warranty, among other things.

The class for this action is all persons living in the US who bought Fresh Market’s bakery goods. An Alabama Subclass has been proposed for persons living in Alabama who bought the goods.

Fresh Market is a chain of gourmet supermarkets that are intended to offer the feeling of open, European-style markets.

The plaintiff in this case, Joe Myhand, visited a Fresh Market store on May 25, 2020 and bought a number of items, including some prepackaged containers of bakery goods. Afterwards, he discovered that the packages did not have federally-mandated nutrition labels on them. The complaint says the omission of these labels violates federal law.

The Food and Drug Administration (FDA) is the entity that oversees food labeling. The federal laws governing this are the Food, Drug and Cosmetic Act (FD&C Act) and the Fair Packaging and Labeling Act.

The complaint reviews certain requirements of the FDA’s Guidance for Industry: A Food Labeling Guide, published in October 2009. An updated version was published in 2013.

Food does not have to have nutrition labels if it’s sold in a restaurant or for immediate consumption. “However,” the complaint quotes the Guide as saying, “if there is a reasonable possibility that the product will be purchased directly by consumers (e.g.[,] club stores), nutrition information is required.”

The guide also addresses where labels are to be placed. For example, as an answer to where the Nutrition Facts label should be placed, it says, “The Nutrition Facts label may be placed together with the ingredient list and the name and address … on the PDP [principal display panel].”

From all this, the complaint concludes, “Hence, one can readily ascertain that the labeling of food products is stringently required and meticulously stated by the federal government.”

While there are some exemptions to the requirement to use a Nutrition Facts label—for example, for pure bakeries, or delis with seating areas where people eat the food on the premises—the complaint contends that Fresh Market does not qualify for any of the exemptions. In one of its exhibits, the complaint displays nutrition labeling from stores like Whole Foods and Walmart.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Fresh Market No Nutrition Facts on Bakery Goods Complaint

September 11, 2020

Which products in a food store must contain proper nutrition labels? This class action brings suit against The Fresh Market, Inc., claiming that certain of its bakery products should, but don’t, have such labels. The complaint alleges that selling these baked goods without the labels is a violation of federal law. The counts include breach of contract and breach of warranty, among other things.

Fresh Market No Nutrition Facts on Bakery Goods Complaint

Case Event History

Fresh Market No Nutrition Facts on Bakery Goods Complaint

September 11, 2020

Which products in a food store must contain proper nutrition labels? This class action brings suit against The Fresh Market, Inc., claiming that certain of its bakery products should, but don’t, have such labels. The complaint alleges that selling these baked goods without the labels is a violation of federal law. The counts include breach of contract and breach of warranty, among other things.

Fresh Market No Nutrition Facts on Bakery Goods Complaint
Tags: Does Not Display Required Labels