Nonni’s Lemon Biscotti Deceptive Labeling New York Class Action

Nonni’s Foods, LLC makes biscotti, which the complaint for this class action defines as “singular long, crisp, twice-baked Italian cookies” which are flavored with lemon. But the complaint for this class action alleges that the labeling of the product implies that the biscotti’s lemon flavor is provided only by an exclusively lemon-derived ingredient. The complaint also claims that this is not true.

The class for this action is all those who bought the product in New York during the applicable statutes of limitation.

The second page of the complaint reproduces an image of the front of the biscotti box. It shows the words “Limone [Lemon] Biscotti,” “Made with Real Sugar, Butter and Lemon Zest Oil,” “Real Ingredients,” and “No Artificial Flavors.” The image of biscotti on the front of the package also features pieces of lemon rind. According to the complaint, these representations indicate to consumers that lemon is the characterizing flavor.

The complaint says, “Where a product designates its characterizing flavor as ‘Lemon’ without any qualifying terms—flavored, with other natural flavors, artificially flavored—consumers get the impression that its lemon taste is contributed only by the characterizing food ingredient of lemons, in the form of an exclusively lemon ingredient, i.e., lemon oil and/or lemon extract.”

However, the ingredient panel does not list any exclusively lemon ingredients. The only item listed related to flavoring is “Natural Flavors.” The complaint alleges, “Because lemon oil and/or lemon zest oil are not separately identified ingredients, it means that if they are present, it is as a component of the ‘natural flavor.’”

How is this a problem? The complaint says, “‘Natural flavors’ as this term is defined may contain lemon oil, but they also may contain either enhancers or other non-lemon natural flavors.” Also, the complaint appears to be reporting on federal regulations when it says, “Substances obtained by cutting, grinding, drying, pulping, or similar processing of tissues derived from fruit [are] considered by consumers to be a food rather than a flavor. See § 101.22(h)(3).”

In other words, consumers believe that lemon oil is a food, which requires it to be designated by its common or usual name in an ingredient list. Since it is not on the ingredient list, the complaint alleges that the product’s flavoring is not provided exclusively by lemons, making the labeling deceptive.

Also, the complaint says, “[t]he presence or artificial flavor that enhances and simulates lemon flavor is material because the absence of any front label statement indicating [the] same tells consumers the product does not contain such artificial flavor.”

According to the complaint, it makes a difference to consumers whether flavor comes directly from the characterizing food item or whether it is provided through additives that have no relationship to the characterizing flavor. Thus, it says, the “branding and packaging of the Product is designed to—and does—deceive, mislead, and defraud” consumers.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Nonni’s Lemon Biscotti Deceptive Labeling New York Complaint

April 13, 2020

Nonni’s Foods, LLC makes biscotti, which the complaint for this class action defines as “singular long, crisp, twice-baked Italian cookies” which are flavored with lemon. But the complaint for this class action alleges that the labeling of the product implies that the biscotti’s lemon flavor is provided only by an exclusively lemon-derived ingredient. The complaint also claims that this is not true.

Nonni’s Lemon Biscotti Deceptive Labeling New York Complaint

Case Event History

Nonni’s Lemon Biscotti Deceptive Labeling New York Complaint

April 13, 2020

Nonni’s Foods, LLC makes biscotti, which the complaint for this class action defines as “singular long, crisp, twice-baked Italian cookies” which are flavored with lemon. But the complaint for this class action alleges that the labeling of the product implies that the biscotti’s lemon flavor is provided only by an exclusively lemon-derived ingredient. The complaint also claims that this is not true.

Nonni’s Lemon Biscotti Deceptive Labeling New York Complaint
Tags: Contains Too Little of Featured Ingredients, Deceptive Advertising, Deceptive Labels