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Kinder Joy “Sweet Cream” Treat Contains No Sweet Cream Class Action

Ferrero USA, Inc. makes a treat, under its Kinder Joy brand, that comes in an egg-shaped package with two sections. In one is a small toy; in the other is something the package calls “Sweet Cream Topped With Cocoa Wafer Bites.” The complaint for this class action alleges that the name of the food is misleading because it contains no cream.

Two classes have been proposed 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 Arkansas, Montana, Nebraska, Virginia, Georgia, and Minnesota who bought the product during the applicable statutes of limitations.

The complaint first reviews definitions of “cream” from several sources. For example, it says, “Merriam-Webster defines cream as the ‘yellowish part of milk containing from 18 to about 40 percent butterfat.’”

It also offers a definition from the Food and Drug Administration (FDA): “the liquid milk product high in fat separated from milk, which may have been adjusted by adding thereto: Milk, concentrated milk, dry whole milk, skim milk, concentrated skim milk, or nonfat dry milk. Cream contains not less than 18 percent milkfat.”

Cream can be either sweet cream or sour cream. According to the complaint, “‘Sweet cream’ does not mean any sweetener has been added, but that the cream has the naturally sweet flavor of milk, in contrast to a cultured cream such as ‘sour cream,’ which has greater acidity.”

The complaint alleges that artificial substitutes for cream replace milkfat with less-expensive vegetable oils, and may also add “thickening agents, like gums and starches, salts, such as phosphates to provide buffer control against pH changes…, oxidation stabilizers, sugar, flavor and protein sources such as whey protein and skim milk.”

Milkfat melts at mouth temperature, while vegetable oils don’t, the complaint says, and vegetable oils have “a waxy and oily mouthfeel, and leave an aftertaste.” The complaint also alleges that vegetable oils are associated with health problems, while that milkfat provides calcium and vitamins A, D, E, and K.

Page 4 of the complaint shows an image of the ingredient label for the product. After sugar, the main ingredient is “Vegetable Oils (Palm, Sheanut, and Sunflower).” Two milk products are also present, in smaller quantities, “Skim Milk Powder” and “Whey Proteins,” but neither is cream and neither contains milkfat.

The complaint alleges, “The Product lacks the nutritive, sensory, organoleptic, and other attributes expected from a product described as ‘[Sweet] Cream.’”

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Kinder Joy “Sweet Cream” Treat Contains No Sweet Cream Complaint

March 6, 2022

Ferrero USA, Inc. makes a treat, under its Kinder Joy brand, that comes in an egg-shaped package with two sections. In one is a small toy; in the other is something the package calls “Sweet Cream Topped With Cocoa Wafer Bites.” The complaint for this class action alleges that the name of the food is misleading because it contains no cream.

Kinder Joy “Sweet Cream” Treat Contains No Sweet Cream Complaint

Case Event History

Kinder Joy “Sweet Cream” Treat Contains No Sweet Cream Complaint

March 6, 2022

Ferrero USA, Inc. makes a treat, under its Kinder Joy brand, that comes in an egg-shaped package with two sections. In one is a small toy; in the other is something the package calls “Sweet Cream Topped With Cocoa Wafer Bites.” The complaint for this class action alleges that the name of the food is misleading because it contains no cream.

Kinder Joy “Sweet Cream” Treat Contains No Sweet Cream Complaint
Tags: Deceptive Advertising, Deceptive Labels, Does Not Contain Implied Ingredients