Cheez-Its Misleading Claims as Whole Grain

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.

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