Krispy Kreme Glazed Apple Pie Artificial Flavoring Class Action

The name “Krispy Kreme” is synonymous with delicious doughnuts. However, the complaint for this class action alleges that the Krispy Kreme Doughnut Corporation is not up front about its Glazed Apple Pie portions, which come in four-ounce boxes. According to the complaint, the product contains artificial flavors as well as natural ones, although the representations on the front label imply only natural ones.

A picture of the Glazed Apple Pie box is reproduced in the complaint. The front label representations include the words “Glazed Apple Pie,” “Original Glazed Flavoring,” and “Made with Real Fruit filling and Other Natural Flavors,” along with images of what appear to be cut and whole Granny Smith apples.

In reality, the complaint alleges, the pies contain artificial flavors. In fact, the ingredient panel lists “Natural & Artificial Flavors.” The complaint says that an artificial flavor is  “any substance whose function is to impart flavor that is not from a natural source.”

This is a deliberate deception as well as a violation of federal laws, the complaint implies: “Because consumers prefer natural flavors to artificial flavors, and natural flavors are more expensive than artificial flavors, their manner of usage is required to be disclosed to customers in a way that is not misleading. See 21 C.F.R. § 101.22.”

After reviewing a number of requirements on flavorings in the same section of the law, the complaint concludes, “It would not be required to declare ‘artificial flavor’ on the front label if the artificial flavor did not contribute to the central features of the Product—the glazed coating and the fruit filling.” However, the complaint says, this is not the case. “If the Product’s ‘Artificial Flavor’ simulates, resembles or reinforces the characterizing ‘Natural Flavor’ of the apples (pie filling), it is misleading to omit reference to the artificial flavor in the statement accompanying the name of the food, ‘Glazed Apple Pie.’”

To be truthful, the complaint says, the label would have to read, “Made with Real Fruit Filling, Naturally and Artificially Flavored;” and if flavoring in the glaze is artificial, it should be called “Artificially Flavored Glazed Apple Pie.”

Named in the counts are laws on consumer protection from deceptive acts, negligent misrepresentation, fraud, and breaches of warranty, among other things.

The class for this action is all consumers in New York and the other forty-nine states, presumably those who bought the product at issue with actionable representations.

Article Type: Lawsuit
Topic: Consumer
Tags: Deceptive Labels, Does Not Admit to Artificial Flavor on Labels