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Publix Bakery Goods Have No Nutrition Labels Class Action

Publix Super Markets, Inc. sells bakery goods, but according to the complaint for this class action, it markets them “in violation of federal food marketing regulations.” What’s the problem? The complaint alleges that Publix sells its prepackaged bakery goods do not comply with the Food and Drug Administration’s (FDA’s) “clear requirements to place Nutrition Labels on its bakery products.”

The class for this action is all persons living in the US who bought Publix bakery goods that were not processed and prepared on site but were sold without nutrition labels. An Alabama Subclass has also been proposed, for those living in Alabama.

Publix is one of the biggest regional grocery store chains in the US, with stores throughout the southeast, in Florida, Georgia, Alabama, South Carolina, Tennessee, North Carolina, and Virginia.

The plaintiff in this case, Christi Copeland, bought a number of bakery items at a Publix, including multi-grain Italian bread, dinner rolls, and oatmeal raisin cookies. These products did not carry nutrition labels.

The complaint reproduces a portion of the FDA’s requirements for nutrition labels, in order to show “that the labeling of food products is stringently required and meticulously stated by the federal government.” With Americans even more concerned lately about the connection between food and health, the complaint says, nutrition information is even more vital to customers.

As of January 1, 2020, the requirements for nutrition labels were changed. Yet Publix has placed neither the old nor the new labels on its bakery products.

The complaint alleges that Publix, “upon information and belief, receives the dough for its bakery goods in shipments either from a third-party vendor or from the Publix-owned central location in Atlanta, Georgia.” Each store bakes the goods and puts them in transparent plastic containers for sale. The products may carry an ingredient list.

There are a few exemptions to the nutrition labeling requirement. One is for places that are purely bakeries. The complaint alleges that Publix does not fall under this exemption: “These bakeries form their goods on site from scratch. Generally, only such goods that are prepared from scratch on-site are exempt. If bakery goods are merely baked and packaged, then they are not exempt and the require Nutrition Labeling is to be affixed.”

Another exemption is for businesses that prepare bakery goods on site from scratch and/or offer them to be eaten immediately, for example at a restaurant or in a school lunchroom. The complaint claims this exemption does not apply either, quoting the law as saying that “if there is a reasonable possibility that the product will be purchased directly by consumers (e.g., club stores) nutrition information is required.”

For these and other reasons, the complaint alleges that Publix should be providing nutrition labels, just as other outlets such as Walmart, Target, and Whole Foods do.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Publix Bakery Goods Have No Nutrition Labels Complaint

April 20, 2021

Publix Super Markets, Inc. sells bakery goods, but according to the complaint for this class action, it markets them “in violation of federal food marketing regulations.” What’s the problem? The complaint alleges that Publix sells its prepackaged bakery goods do not comply with the Food and Drug Administration’s (FDA’s) “clear requirements to place Nutrition Labels on its bakery products.”

Publix Bakery Goods Have No Nutrition Labels Complaint

Case Event History

Publix Bakery Goods Have No Nutrition Labels Complaint

April 20, 2021

Publix Super Markets, Inc. sells bakery goods, but according to the complaint for this class action, it markets them “in violation of federal food marketing regulations.” What’s the problem? The complaint alleges that Publix sells its prepackaged bakery goods do not comply with the Food and Drug Administration’s (FDA’s) “clear requirements to place Nutrition Labels on its bakery products.”

Publix Bakery Goods Have No Nutrition Labels Complaint
Tags: Does Not Display Required Labels