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Frosted Chocolate “Fudge” Pop Tarts Not Real Fudge Class Action

Kellogg Sales Company makes Pop Tarts toaster pastries in many different flavors. This class action concerns the Frosted Chocolate Fudge variety. The complaint alleges that the type of fat is an essential point in designating a candy as “fudge” and claims that the Pop Tarts at issue do not contain fudge, or do not contain it in the amount that consumers expect, given the labeling.

The complaint quotes Wikipedia to define fudge as “a type of sugar candy that is made by mixing sugar, butter and milk.” Fudge can be made in different flavors, but the complaint alleges that “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 melts in the mouth, because it melts at around mouth temperature. It gives fudge a “rich, creamy taste” and contains hundreds of lactones, which are aroma compounds that add to its taste.

Vegetable oils, on the other hand, do not melt at mouth temperature and may leave a waxy mouthfeel. The complaint alleges, “Vegetable fats do not contribute to the flavor of fudge, because they are theoretically ‘refined, bleached and deodorized.’” But they may end up contribute in a negative way, because, the complaint says, “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 toaster pastry contains fudge and the ingredients which comprise it, or merely substitutes lesser-quality ingredients in place of fudge, is basic front label information consumers rely on when making quick decisions at the grocery store.”

In this case, the complaint alleges, the Pop Tarts product “lacks ingredients essential to fudge—butter and milk—and substitute vegetable oils and whey, lower[-]quality, and lower-priced, ingredients.” The complaint reproduces the PopTarts ingredient panel, showing no butter or milk but “soybean and palm oil” and “whey.”

The complaint alleges, “Reasonable consumers are misled by the description, ‘Fudge,’ because they expect this means a non-de-minimis relative amount of dairy ingredients, like milk and better, instead of substitute, lower[-]quality replacements like vegetable fats 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

Frosted Chocolate “Fudge” Pop Tarts Not Real Fudge Complaint

August 23, 2021

Kellogg Sales Company makes Pop Tarts toaster pastries in many different flavors. This class action concerns the Frosted Chocolate Fudge variety. The complaint alleges that the type of fat is an essential point in designating a candy as “fudge” and claims that the Pop Tarts at issue do not contain fudge, or do not contain it in the amount that consumers expect, given the labeling.

Frosted Chocolate “Fudge” Pop Tarts Not Real Fudge Complaint

Case Event History

Frosted Chocolate “Fudge” Pop Tarts Not Real Fudge Complaint

August 23, 2021

Kellogg Sales Company makes Pop Tarts toaster pastries in many different flavors. This class action concerns the Frosted Chocolate Fudge variety. The complaint alleges that the type of fat is an essential point in designating a candy as “fudge” and claims that the Pop Tarts at issue do not contain fudge, or do not contain it in the amount that consumers expect, given the labeling.

Frosted Chocolate “Fudge” Pop Tarts Not Real Fudge Complaint
Tags: Contains Too Little of Featured Ingredients, Deceptive Advertising, Deceptive Labels