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Stop & Shop Cinnamon “Graham” Crackers New York Class Action

Ahold USA, Inc.’s Stop and Shop brand makes a product called Naturally Flavored Cinnamon Graham Crackers. But the complaint for this class action alleges that the name is misleading because the crackers’ predominant ingredient is not graham (whole wheat) flour but Enriched Wheat Flour” or white flour.

The New York Class for this action is all persons in New York who bought the product during the applicable statutes of limitations.

The first page of the complaint shows an image of the product box, with the word “Graham” in very large letters, along with a round seal printed with the words “100% Quality & Trust Guarantee.” The complaint notes that “Graham” “is the biggest word on the front label and written in all capital letters.”

The complaint quotes two dictionary definitions of a graham cracker as “a slightly sweet cracker made of whole wheat flour” and “a semisweet cracker, usually rectangular in shape, made chiefly of whole-wheat flour.” The graham flour is the main difference between graham crackers and other crackers made of enriched (white) flour.

Yet the ingredient panel for the product shows that “Enriched Wheat Flour” is listed ahead of “Graham Flour (Whole Grain Wheat Flour).”

Whole grain content makes a difference to consumers. Whole grains are supposed to be healthier and good sources of fiber. The complaint states, “The 2015 Dietary Guidelines for Americans recommended that at least half of the grains in a healthy diet should be whole grains.”

Whole grain flours contain all three parts of the grain, the complaint alleges, as compared to white flours, which contain only the endosperm.

While the Food and Drug Administration (FDA) has not precisely defined whole grain claims, the complaint alleges it has warned companies against misleading consumers with whole grain claims in product names where the predominant ingredient was white flour.

In a draft guidance, the Federal Trade Commissions (FTC) stated, “[M]any reasonable consumers will likely understand ‘whole grain’ [claims] to mean that all, or virtually all, of the food product is whole grain, or that all of the grain ingredients in the product are whole grains.”

But the complaint alleges, “The amount of whole grain wheat flour in the Prodcut is approximately twenty-five percent of the amount of refined flour.” It bases this claim on the Nutrition Facts panel, which indicates that the product provides only one gram of fiber per serving.

The complaint claims that the use of honey for sweetening in the product also darkens the crackers, so that consumers are further fooled into believing that the product is primarily made of whole wheat flour.

Article Type: Lawsuit
Topic: Consumer

Most Recent Case Event

Stop & Shop Cinnamon “Graham” Crackers New York Complaint

September 18, 2021

Ahold USA, Inc.’s Stop and Shop brand makes a product called Naturally Flavored Cinnamon Graham Crackers. But the complaint for this class action alleges that the name is misleading because the crackers’ predominant ingredient is not graham (whole wheat) flour but Enriched Wheat Flour” or white flour.

Stop & Shop Cinnamon “Graham” Crackers New York Complaint

Case Event History

Stop & Shop Cinnamon “Graham” Crackers New York Complaint

September 18, 2021

Ahold USA, Inc.’s Stop and Shop brand makes a product called Naturally Flavored Cinnamon Graham Crackers. But the complaint for this class action alleges that the name is misleading because the crackers’ predominant ingredient is not graham (whole wheat) flour but Enriched Wheat Flour” or white flour.

Stop & Shop Cinnamon “Graham” Crackers New York Complaint
Tags: Contains Too Little of Featured Ingredients, Deceptive Advertising, Deceptive Labels