Keebler Fudge Stripes and “Fudge” Content New York Class Action

The Keebler brand has a type of cookies called Fudge Stripes, which are shortbread cookies purportedly covered in fudge. But the complaint for this class action alleges that the references to “fudge” are “false, deceptive and misleading,” because the product does not contain fudge.

The class for this action is all those who live in New York who bought the cookies during the applicable statute of limitations.

Keebler, which is owned by Ferrara Candy Company, makes the cookies in regular and mini sizes. Page 2 of the complaint shows an image of a package of Minis. The label shows the words “Fudge Stripes” and “made with real Keebler fudge” and an image of pieces of fudge. The complaint alleges, “The representation as being made with ‘real [Keebler] fudge’ is false, deceptive and misleading because it lacks the ingredients essential to any fudge, let alone ‘real’ fudge.”

According to the complaint, one dictionary definition of “fudge” is “a type of sugar candy that is made by mixing sugar, butter and milk.” Fudge normally contains chocolate or cocoa but can be flavored with other things as well.

The complaint refers to the American Bakers Association 2019 Power of Bakery report as saying that 50% of consumers—in other words, half—want “real” ingredients when they shop for “indulgent bakery products.”

According to the complaint, then, when consumers see that the cookie package says “made with real Keebler fudge,” they expect the fudge used to make the product to contain the ingredients that “real” fudge contains—that is, sugar, milk, and butter. Instead, the complaint alleges, it contains vegetable oil, invert syrup, and whey. The complaint reproduces the ingredient panel to show this.

The oils used include soybean, palm kernel, and palm oil; no butter is used. As to whey in place of milk, the complaint says, “Whey is the watery part of milk that is separated from the coagulable part… Whey is mainly protein and lacks the milkfat present in real milk.” As to sugar, the complaint says the invert sugar is “a combination of glucose and fructose.”

These substitutions for the “real” ingredients, the complaint alleges, means the fudge provides less satiety, has a waxy and oily mouthfeel and leaves an aftertaste.” It charges that the vegetable oils raise cholesterol in a way that butter does not and are linked to health problems; that butter and milk contain lactones for flavor as well as vitamins A, D, E, and K.

The complaint alleges that the company “misrepresented the Product through affirmative statements and omissions.”

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Keebler Fudge Stripes and “Fudge” Content New York Complaint

January 8, 2021

The Keebler brand has a type of cookies called Fudge Stripes, which are shortbread cookies purportedly covered in fudge. But the complaint for this class action alleges that the references to “fudge” are “false, deceptive and misleading,” because the product does not contain fudge.

Keebler Fudge Stripes and “Fudge” Content New York Complaint

Case Event History

Keebler Fudge Stripes and “Fudge” Content New York Complaint

January 8, 2021

The Keebler brand has a type of cookies called Fudge Stripes, which are shortbread cookies purportedly covered in fudge. But the complaint for this class action alleges that the references to “fudge” are “false, deceptive and misleading,” because the product does not contain fudge.

Keebler Fudge Stripes and “Fudge” Content New York Complaint
Tags: Deceptive Advertising, Deceptive Labels, Does Not Contain Implied Ingredients