Special K Cranberry Almond Bars Peanut and Raisin Content Class Action

Special K Cranberry Almond Chewy Nut Bars are made by Kellogg Sales Company. But are they appropriately names? Or should they be called “Peanut Cranberry Raisin Bars”? The complaint alleges that the bars contain too few almonds and cranberries, both in total and as comparison to other, similar ingredients in the bars.

Two classes have been defined 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, South Carolina, Montana, Mississippi, Alaska, Virginia, Louisiana, and Oklahoma who bought the product during the applicable statutes of limitations.

The first page of the complaint shows an image of a bar, in the process of breaking in two, along with whole cranberries, whole almonds, and pieces of almonds, along with the designation “Cranberry Almond” in large letters. The complaint alleges, “The labeling is misleading because it gives consumers the impression [the bars have] a greater absolute and relative amount of cranberries and almonds than [they do].”

In recent years, consumers have bought more almond and cranberry products than previously. Almonds have replaced peanuts as the most-consumed nut, because, the complaint alleges, they are a good source of protein, contain good fats, and have lots of fiber and macronutrients, such as vitamins and minerals. The complaint quotes an expert as saying that almonds have “[fewer] calories, more fiber, and a better glycemic score than peanuts making them better for weight loss, diabetics and sustained energy throughout the day.

Similarly, cranberries have recently been considered a “superfruit,” because they are high in antioxidants, which the complaint describes as “compounds that reduce free radicals and contribute to prevention of chronic diseases such as cardiovascular disease.” They also contain vitamin E, fiber, and relatively more polyphenols than other kinds of fruit. Consumers often now choose cranberries over raisins, the complaint alleges, even though they cost more.

But the complaint shows the ingredient panel for the product, which provides a different impression of the product. The first three ingredients are “Peanuts,” “dried cranberries,” and “raisins,” then, after “corn syrup,” “almonds.”

“Based on laboratory analysis and/or review of the Product’s formulation,” the complaint claims, peanuts make up 20% of the product and almonds 9%; while if cranberries make up 15%, raisins make up 14%. Even so, the front of the box does not show any individual peanuts or raisins along with the individual cranberries and almonds, nor does it show the word “raisin.”

The complaint claims that food labeling laws require that “[w]here the characterizing ingredients (1) have a material bearing ono the food’s price or its acceptance by consumers or (2) creates an erroneous impression they are present in a greater amount than it is, the common or usual name should include these percentages or otherwise inform consumers[,]” for example by saying, “Contains ___% Cranberry [and] Contains ___% Almonds” below the words “Chewy Nuts Bars,” or by showing raisins and peanuts on the front label.

Article Type: Lawsuit
Topic: Consumer
Tags: Contains Too Little of Featured Ingredients, Deceptive Advertising, Deceptive Labels