Bowl & Basket Graham Crackers Contain Less Whole Grain Than Represented, Class Action Says
by Erin Shaak
Feldman v. Wakefern Food Corp.
Filed: July 18, 2022 ◆§ 7:22-cv-06089
A class action alleges Bowl & Basket-brand graham crackers are falsely advertised in that they contain less whole grain flour than consumers are led to expect.
New York
A proposed class action lawsuit alleges Bowl & Basket-brand graham crackers are falsely advertised in that they contain less whole grain flour than consumers are led to expect.
The 17-page lawsuit claims that defendant Wakefern Food Corp. has used representations on the product’s front label, such as “Graham Crackers,” “Sugar Honey” and a stamp stating “8g or more [whole grain] per serving,” to imply that the graham crackers contain more whole grain and honey than they actually do. According to the case, however, the graham crackers’ ingredients list reveals that enriched flour is the product’s predominant flour ingredient over graham flour.
“The labeling gives consumers the impression it has a greater absolute and relative amount of whole grain graham flour compared to non-whole grain flour than it does and that it contains a non-de minimis amount of honey,” the complaint contends.
According to the lawsuit, consumers “increasingly prefer” whole grains to non-whole, or refined, grains because they contain more fiber and nutrients. Per the case, the name “Graham Crackers” implies that the Bowl & Basket product is predominantly made with graham, or whole grain, flour.
The lawsuit argues that even though the graham crackers’ front label contains a stamp stating the product contains “8g or more [whole grain] per serving,” this representation is misleading given the crackers contain mostly non-whole grain flour.
“Consumers have no way to determine the proportion of whole grain graham flour to refined white flour based on this disclosure,” the suit states.
The case goes on to allege that the honey used in the graham crackers is not to provide a honey taste but to lend the product a darker hue associated with whole grain.
“The small amount of honey contributes to consumers getting the misleading impression the Product contains more whole grain graham flour than it does,” the complaint contends. “To the extent the Product has a ‘honey’ taste, this is due to the added ‘Natural Flavor.’”
The lawsuit says Wakefern has violated federal and state food labeling regulations by failing to disclose on the graham crackers’ front label the addition of natural flavor that contributes to the product’s characterizing honey taste.
The case looks to represent anyone in New York, New Jersey, Pennsylvania, New Hampshire, Delaware and Connecticut who purchased the Bowl & Basket graham crackers during the applicable statute of limitations period.
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