Class Action Alleges Duncan Hines ‘Chewy Fudge Brownie Mix’ Lacks ‘Essential’ Fudge Ingredients

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A proposed class action claims Conagra Brands’ Duncan Hines “Chewy Fudge Brownie Mix” is misleadingly labeled in that it contains fewer essential fudge ingredients than consumers are led to expect.

According to the lawsuit, consumers who view the “Fudge Brownie” and “Thick and Fudgy” statements on the brownie mix’s label expect the product to contain powdered dairy ingredients given real fudge is typically made with sugar, butter and milk or cream. The suit alleges, however, that the Duncan Hines Chewy Fudge Brownie Mix lacks these “essential fudge ingredients,” and instead substitutes “lower quality and lower-priced” vegetable shortening, or palm oil.

Per the case, the fudge representations on the brownie mix’s label are misleading in that they give reasonable consumers the impression that the product “contains a greater relative and absolute amount of the expected fudge and fudge ingredients than it does.”

The lawsuit states that the quality of fudge is determined by its fat ingredients, which are typically contributed through milk fat or vegetable oils. Per the case, experts recommend that dairy ingredients be used over vegetable oils given they contribute a “creamy, rich taste to fudge,” while vegetable oils can detract from taste and “leave a waxy mouthfeel.” The suit explains that in the context of cake mix, dairy ingredients can be added through buttermilk powder.

According to the suit, the labeling of Duncan Hines Chewy Fudge Brownie Mix violates federal regulations in that the front of the packaging does not state the common or usual name of the food such that its “basic nature” or characterizing properties or ingredients are clearly communicated. Although consumers who view the product’s label representations would expect the brownie mix to contain “at least a semblance of fudge ingredients,” the box’s side panel states that the defendant has included “vegetable shortening (palm oil)” as a substitute for reasonably expected fudge ingredients.

“The Product’s representations are misleading because its common or usual name – ‘Chewy Fudge Brownie Mix’ – fails to include a statement that the characterizing fudge ingredients – milkfat – are absent from the dry mix,” the complaint contends. “The front label fails to inform consumers that if they want a ‘Chewy Fudge Brownie Mix,’ they will have to supply their own fudge.”

Per the suit, the substitution of vegetable oil for dairy ingredients causes the brownie mix to provide “less satiety, a waxy and oil mouthfeel, and . . . an aftertaste,” while lacking certain vitamins found in milk fat ingredients.

The lawsuit claims defendant Conagra Brands, Inc. has sold more of the Chewy Fudge Brownie Mix, and at higher prices, than it otherwise would have absent the fudge representations.

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