December 13, 2018- On Tuesday, a three-judge panel of the Second Circuit Court of Appeals, revived a federal class action alleging that the “whole grain” slogan found on boxes of Cheez-Its could mislead consumers.
cheez-Its misleads customers by claiming to be whole grain
The Cheez-Its packaging claims the product is “Whole Grain” or “Made with Whole Grain”; however, because the snack contains only 5 to 8 grams of whole grain, plaintiffs Mantikas, Burns and Castle claimed in a 2016 federal class action lawsuit that the labeling was deliberately deceptive. U.S. Circuit Judge Pierre Leval wrote that “the representation that a cracker is ‘made with whole grain’ would lead any reasonable consumer to conclude that the grain ingredient was entirely, or at least predominantly, whole grain.”
Kellogg, which makes Cheez-Its, failed to claim that the cracker’s mere inclusion of at least some whole grain means that the labeling is not misleading. Tuesday’s reversal is a strong reminder that you cannot promise consumers something on the front of a package and then try to disclaim that on the back.
If you or someone you know believes their products are mislabeled, please contact us. All consultations are free of charge. You may be eligible to be included in a Class Action Lawsuit.
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