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“Fudge-Covered” Oreos Are Not Made with Real Fudge Class Action

Oreo cookies are a product of Mondelez Global, LLC, which come in a variety of types. The product at issue in this case is Fudge Covered Oreo Mint Crème Cookies. The complaint for this class action claims that the designation “fudge” is false or misleading, because the cookies do not contain any milkfat, which is the central ingredient in fudge.

Two classes have been defined for this action:

  • The New York Class is all persons in New York who bought the product during the applicable statutes of limitations.
  • The Consumer Fraud Multi-State Class is all persons in North Dakota, Kansas, and Wyoming who bought the product during the applicable statutes of limitations.

The complaint reviews a number of recipes for fudge to show that its usual ingredients are sugar, butter, and milk. It claims, “The quality of fudge depends on the amount and type of fat-contributing ingredients.”

The milkfat in dairy products, such as butter, gives fudge a rich, creamy taste; the complaint says that “milkfat contains hundreds of lactones, aroma compounds which contribute to its taste.” Milk fat melts at around mouth temperature.

However, the complaint claims that the quality suffers if vegetable oils are used as fats in fudge. Vegetable oils are cheaper, but they are solid at room temperature. They do not melt when put in the mouth and so give fudge a waxy mouthfeel.

The front page of the complaint shows the Oreo package with the words “Fudge Covered” in a larger font than any other word except “Oreo.”

Page 6 shows the ingredient label, which includes “Palm and Palm Kernel Oil” as the second ingredient, after sugar. Later on, a few items after “Canola Oil,” comes “Nonfat Milk.”

The complaint alleges, “Reasonable consumers are misled by the statements, “Fudge Covered Oreo—Mint Crème,” and the picture of the cookie being coated with what appears to be fudge, because they expect fudge to mean a food made of dairy ingredients containing [milkfat].” In fact, the product has no milkfat.

“The Product lacks essential fudge ingredients—dairy ingredients with milkfat—and substitutes lower[-]quality and lower-priced palm and palm kernel oil and nonfat milk[,]” the complaint says.

Mondelez gains an advantage over other companies with its misrepresentations, the complaint alleges, claiming that the value of the product was less than it seemed to be. The complaint alleges, “Mondelez sold more of the product and at higher prices than it would have in the absence of this misconduct, resulting in additional profits at the expense of consumers.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

“Fudge-Covered” Oreos Are Not Made with Real Fudge Complaint

November 28, 2021

Oreo cookies are a product of Mondelez Global, LLC, which come in a variety of types. The product at issue in this case is Fudge Covered Oreo Mint Crème Cookies. The complaint for this class action claims that the designation “fudge” is false or misleading, because the cookies do not contain any milkfat, which is the central ingredient in fudge.

“Fudge-Covered” Oreos Are Not Made with Real Fudge Complaint

Case Event History

“Fudge-Covered” Oreos Are Not Made with Real Fudge Complaint

November 28, 2021

Oreo cookies are a product of Mondelez Global, LLC, which come in a variety of types. The product at issue in this case is Fudge Covered Oreo Mint Crème Cookies. The complaint for this class action claims that the designation “fudge” is false or misleading, because the cookies do not contain any milkfat, which is the central ingredient in fudge.

“Fudge-Covered” Oreos Are Not Made with Real Fudge Complaint
Tags: Deceptive Advertising, Deceptive Labels, Does Not Contain Implied Ingredients