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Keebler “Fudge Mint” Cookies No Real Fudge or Mint Class Action

The products at issue in this class action are Keebler “Fudge Stripes—Fudge Mint” cookies. The complaint alleges, “The representations that the Product is ‘Made With Real Keebler Fudge’ and contains actual mint are false, deceptive, and misleading because it does not contain these ingredients.”

The class for this action is Illinois and Colorado residents who bought the product during the applicable statutes of limitations.

The first page of the complaint shows the packaging of the cookies, including an image of mint leaves and of fudge being dripped onto a cookie, along with the words “Fully Fudged—Fudge Mint,” “Naturally and Artificially Flavored,” and “Made With Real Keebler Fudge.” Also depicted is the brand mascot, Ernie the Elf.

The complaint quotes an article or report on cookies, to say that consumers want “cleaner, simpler ingredients” of “better quality[.]” It also quotes Nielsen market research as saying that consumers “say that when it comes to ingredient trends, a back-to-basics mind-set, focused on simple ingredients and fewer artificial or processed foods, is a priority.”

Ferrara Candy Company recently bought the Keebler brand, and the complaint refers to an article that says the company “updated recipes that promise a bigger focus on ‘real’ ingredients like ‘real Keebler fudge,’ ‘real Madagascar vanilla,’ and ‘even more real chocolate chips.’”

The “Made with Real…” promise has become something of a theme for the company, it seems. With the cookie product, the fudge and mint elements are highlighted.

Fudge is a candy made with sugar, butter, and milk. The complaint says, “Though fudge can have almost any flavor, milkfat—typically in the form of butter—is the central component.” It shows fudge recipes from 1892, 1896, 1902, and more recent eras.

According to the complaint, “Dairy ingredients impart a creamy, rich taste to fudge, because milkfat contains hundreds of lactones, aroma compounds which contribute to its taste.” Also, it says, “Alternatives to milk fat—such as vegetable oils—do not melt at mouth temperature and leave a waxy mouthfeel.”

But the Keebler cookies do not contain either butter or milk, the complaint alleges. It reproduces the ingredient panel for the cookies and notes that the product “substitutes vegetable oils and whey, lower quality and cheaper ingredients.” Thus the complaint alleges that the “Made With Real Keebler Fudge” claim is misleading.

The ingredient panel also does not list mint but simply “natural and artificial flavors.” The complaint claims, “This means that any actual mint is at most a negligible part of this ingredient.”

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Keebler “Fudge Mint” Cookies No Real Fudge or Mint Class Action

July 29, 2021

The products at issue in this class action are Keebler “Fudge Stripes—Fudge Mint” cookies. The complaint alleges, “The representations that the Product is ‘Made With Real Keebler Fudge’ and contains actual mint are false, deceptive, and misleading because it does not contain these ingredients.”

Keebler “Fudge Mint” Cookies No Real Fudge or Mint Class Action

Case Event History

Keebler “Fudge Mint” Cookies No Real Fudge or Mint Class Action

July 29, 2021

The products at issue in this class action are Keebler “Fudge Stripes—Fudge Mint” cookies. The complaint alleges, “The representations that the Product is ‘Made With Real Keebler Fudge’ and contains actual mint are false, deceptive, and misleading because it does not contain these ingredients.”

Keebler “Fudge Mint” Cookies No Real Fudge or Mint Class Action
Tags: Deceptive Advertising, Deceptive Labels, Does Not Contain Implied Ingredients