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Kashi “Mixed Berry” Soft Baked Breakfast Bars Illinois Class Action

Kashi Sales, LLC offers its Soft Baked Breakfast Bars in a flavor it calls “Mixed Berry,” with images promising blueberries, blackberries, and strawberries. But the complaint for this class action alleges that the labeling of the product misleads consumers as to the real composition of its filling, which contains a good deal of pear, tapioca, and apple as well as berries.

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, Ohio, Arkansas, and Texas who bought the product during the applicable statutes of limitations.

Pages 1 and 2 of the complaint shows images of the front and back of the Kashi Soft Baked Breakfast Bars box. The front has a close-up picture of one of the bars with purple filling against a purple ground and the words “Mixed Berry” and “Made with Wildflower Honey.”

The back continues the use of the purple color and show two blueberries, a blackberry, and a strawberry with a scattering of oats. A paragraph there begins, “These bars were made for you with love. … Love for simple ingredients, like berries and whole grains. And love for our farmers, our community, and our planet.”

The complaint alleges, “The representations are misleading because they give consumers the impression the fruit filling contains a greater relative and absolute amount of mixed berries and honey than it does.”

The complaint points out that berries are both desirable and expensive. It states that “berries have[e] a higher nutrient density than almost all other fruit groups, such as stone and rose fruits.” They have a high level of vitamin C and polyphenols, but the complaint alleges that the benefits of berries “can only be provided by berry ingredients” and not by “berry flavor[.]”

The complaint quotes federal regulations as saying that a product’s front label should have a common name that describes, “in as simple and direct terms as possible, the basic nature of the food or its characterizing properties or ingredients.” The Kashi produc t contains the words “Mixed Berry,” but the complaint alleges that this is “false, misleading, and deceptive” given the information on the ingredient panel.

Under “mixed berry filling,” the ingredient panel lists “pear juice concentrate, tapioca syrup, cane sugar, blueberry puree concentrate, apple powder, corn starch, vegetable glycerin, blackberry puree concentrate, blueberry juice concentrate, strawberry puree concentrate, [and] natural flavors[.]”

In other words, the complaint says, the product’s “mixed berry filling” “has a predominant ingredient of pears, and significantly less berry ingredients than expected.” It also contains more “apple powder” than some of the individual berry ingredients and more sugars, in the form of tapioca syrup and cane sugar, than any of the berry ingredients. The complaint alleges that the name of the product is misleading because it refers to “Mixed Berries” but not to pears or apples.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Kashi “Mixed Berry” Soft Baked Breakfast Bars Illinois Complaint

August 16, 2021

Kashi Sales, LLC offers its Soft Baked Breakfast Bars in a flavor it calls “Mixed Berry,” with images promising blueberries, blackberries, and strawberries. But the complaint for this class action alleges that the labeling of the product misleads consumers as to the real composition of its filling, which contains a good deal of pear, tapioca, and apple as well as berries.

Kashi “Mixed Berry” Soft Baked Breakfast Bars Illinois Complaint

Case Event History

Kashi “Mixed Berry” Soft Baked Breakfast Bars Illinois Complaint

August 16, 2021

Kashi Sales, LLC offers its Soft Baked Breakfast Bars in a flavor it calls “Mixed Berry,” with images promising blueberries, blackberries, and strawberries. But the complaint for this class action alleges that the labeling of the product misleads consumers as to the real composition of its filling, which contains a good deal of pear, tapioca, and apple as well as berries.

Kashi “Mixed Berry” Soft Baked Breakfast Bars Illinois Complaint
Tags: Contains Too Little of Featured Ingredients, Deceptive Advertising, Deceptive Labels