‘Cinnamon’ Altoids Contain No Cinnamon, Class Action Says
Scruggs v. Mars, Incorporated
Filed: August 9, 2022 ◆§ 2:22-cv-05617
A proposed class action says that Mars, Inc. has falsely advertised cinnamon-flavored Altoids mints given that the product contains no actual cinnamon.
California Business and Professions Code California Unfair Competition Law California Consumers Legal Remedies Act
California
A proposed class action says that Mars, Inc. has falsely advertised cinnamon-flavored Altoids mints given that the product contains no actual cinnamon.
The 23-page lawsuit out of California contends that Mars’ labeling of the Altoids, with the word “cinnamon” in large bold font below images of cinnamon sticks, leads reasonable consumers to believe the product contains cinnamon.
Per the suit, Mars falsely and misleadingly advertises the Altoids “to gain a competitive edge in the market, all at the expense of unsuspecting consumers.”
The belief among consumers that the Altoids contain cinnamon is fortified by the fact that similar products made by Mars’ competitors, such as Mentos and Simply Mints, contain actual cinnamon, the filing relays. In this light, it’s not unreasonable for a consumer to expect the Altoids to contain cinnamon, the suit states.
According to the lawsuit, federal regulations stipulate that if a food’s labeling makes any direct or indirect representations about its primary recognizable flavor, such as cinnamon, and the food contains any artificial component that simulates that flavor, the name of the flavor must be accompanied by the words “artificial” or “artificially flavored” on the product’s front label.
“For example, the Product should have represented the cinnamon as ‘artificial cinnamon,’ ‘artificially flavored cinnamon,’ or ‘cinnamon artificially flavored,’” the case reads.
The filing says that the belief that the Altoids contained real cinnamon is a “significant factor” in a consumer’s decision to buy the mints. Mars, as the product’s manufacturer, “knew or should have known” that the Altoids’ labeling falsely and deceptively represents the presence of cinnamon, the suit argues.
Had consumers been aware that the Altoids lacked real cinnamon, they would not have bought the mints, or would have paid significantly less for them, the lawsuit claims.
The suit looks to represent all persons who bought cinnamon-flavored Altoids in California within the applicable statute of limitations period.
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