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Great Value “Fudge Mint” Cookies Have No Fudge, No Mint Class Action

Great Value Fudge Mint Cookies are a product of Walmart, Inc. But the complaint for this class action takes issue with the word “fudge,” alleging that the name of the cookies is false and misleading. The complaint claims that the covering for the cookies does not contain milkfat, which is the most important ingredient in fudge.

Two classes have been defined for this action:

  • The Illinois Class is all persons in Illinois who bought the cookies at issue during the applicable statutes of limitations.
  • The Consumer Fraud Multi-State Class is all persons in North Dakota, Texas, West Virginia, Virginia, North Carolina, Delaware, Montana, Kentucky, Tennessee, New Hampshire, New Mexico, Michigan, Alaska, South Dakota, Oklahoma, Utah, Nebraska, Georgia, Iowa, South Carolina, Indiana, Maine, Rhode Island, Kansas, and Wyoming who bought the cookies at issue during the applicable statutes of limitations.

The complaint reviews old and more recent recipes for fudge to show that its normal ingredients are sugar, butter, and milk. It claims, “Though fudge can have any flavor, milkfat is the central component” and “[t]he quality of fudge depends on the amount and type of fat-contributing ingredients.”

Milkfat from dairy products, such as butter, provides a rich, creamy taste. The complaint says that this is because “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, which are cheaper, are used as fats in fudge. Vegetable oils are solid at room temperature. They do not melt when put in the mouth and so give fudge a waxy mouthfeel.

The first page of the complaint shows the package for the Great Value Fudge Mint Cookies. The largest word on the front label is “Fudge.” The background is green and the label shows two small leaves, presumably mint leaves, beside the word “Mint.” The package also shows a stack of the cookies, covered in a brown substance which consumers will presumably identify as fudge.

But page 6 shows the ingredient label, which includes “Vegetable Oil Shortening (Canola, Palm Kernel and Palm Oils).” It does not list milk, butter, or any other source of milkfat.

The complaint alleges, “Reasonable consumers are misled by the statements, “Fudge Mint Cookies,” and the picture of the cookie coated with what appears to be fudge, because they expect fudge to be made from dairy ingredients.”

But the cookies do not meet this expectation, the complaint claims: “The Product does not contain any dairy ingredients or [milkfat] and contains vegetable shortening for its fat content.”

Another problem, the complaint alleges, is the representation of “Mint” without any qualifiers, such as “Mint Flavored” or Artificial Mint Flavored.” However, the ingredient label lists no mint at all. Instead, it lists only “Natural and Artificial Flavor.” The complaint alleges that this general term represents “a synthesized blend of compounds extracted in a laboratory from artificial sources which may include petroleum byproducts.”

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Great Value “Fudge Mint” Cookies Have No Fudge, No Mint Complaint

November 28, 2021

Great Value Fudge Mint Cookies are a product of Walmart, Inc. But the complaint for this class action takes issue with the word “fudge,” alleging that the name of the cookies is false and misleading. The complaint claims that the covering for the cookies does not contain milkfat, which is the most important ingredient in fudge.

Great Value “Fudge Mint” Cookies Have No Fudge, No Mint Complaint

Case Event History

Great Value “Fudge Mint” Cookies Have No Fudge, No Mint Complaint

November 28, 2021

Great Value Fudge Mint Cookies are a product of Walmart, Inc. But the complaint for this class action takes issue with the word “fudge,” alleging that the name of the cookies is false and misleading. The complaint claims that the covering for the cookies does not contain milkfat, which is the most important ingredient in fudge.

Great Value “Fudge Mint” Cookies Have No Fudge, No Mint Complaint
Tags: Deceptive Advertising, Deceptive Labels, Does Not Contain Implied Ingredients