Class Action Alleges Snyder’s of Hanover Braided Twists Contain Less Whole Wheat, Honey Than Advertised
Payne v. Campbell Soup Company et al.
Filed: February 13, 2023 ◆§ 1:23-cv-01210
A class action claims Snyder’s of Hanover Braided Twists are misleadingly advertised in that the pretzels are made with less whole grain and honey than consumers are led to expect.
New York
A proposed class action claims Snyder’s of Hanover Braided Twists are misleadingly advertised in that the pretzels are made with less whole grain and honey than consumers are led to expect.
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The 22-page case against Snyder’s-Lance and the Campbell Soup Company alleges that although the front label of the pretzels prominently states that they are sweetened with “real honey” and “made with whole grain,” the products are predominately sweetened with brown sugar and made with enriched wheat flour, a whole grain wheat substitute.
The suit contends that the Campbell Soup Company has purposefully misrepresented the product to attract the growing number of health-conscious consumers looking to buy whole grain foods, which contain more fiber content, key nutrients and vitamins than foods made with non-grains. In truth, the pretzels’ back panel lists “whole wheat flour” as a secondary ingredient, meaning that the products contain only a “de minimis” amount of whole grain, and therefore, less fiber than consumers are led to believe, the complaint says.
Per the case, the braided pretzel twists are made primarily with enriched wheat flour, a refined grain that has been processed to remove its nutritious bran and germ. As a result, the suit relays, the pretzels contain only one or two grams of fiber, depending on the variety.
According to the filing, consumers are buying far more honey products than they have in recent years based on the understanding that honey may be a healthier alternative to other sweeteners. The lawsuit argues that the Campbell Soup Company’s attempt to capitalize on this trend is “unmistakable,” even though the pretzels’ ingredient list says they are made primarily with brown sugar, followed by the processed sweeteners tapioca syrup and malt extract.
“Defendants’ newly added vignettes of a honey dipper only serve to reinforce the deceptive messaging about the Product’s honey content,” the case adds.
The plaintiff, a New York consumer, claims she would not have purchased the pretzels had she known Snyder’s of Hanover Braided Twists “were not, in fact, exclusively, or at least predominantly, made with ‘Whole Grain’ nor were they exclusively, or at least predominately, sweetened with ‘Real Honey.’”
Per the filing, Campbell Soup Company has failed to comply with U.S. Food and Drug Administration (FDA) regulations stating that a product label is misleading if it suggests “one or more, but not all,” of the food’s key ingredients. Moreover, FDA regulations require a food product’s name to disclose the percentage of honey it contains if honey is a “characterizing ingredient,” the suit relays.
“Based on the FDA’s regulatory framework, honey is a ‘characterizing ingredient’ of Defendants’ Honey Wheat [variety] because the proportion of honey in the Products has a material bearing on its price and consumer perception,” the complaint reads. “Furthermore, honey is also a ‘characterizing ingredient’ of the Honey Wheat Product because the labeling of the Product creates an erroneous impression that honey is present in greater amounts than is actually the case.”
The lawsuit looks to represent anyone in the United States who purchased Snyder’s of Hanover Braided Twists Pretzels primarily for personal, family or household purposes and not for resale.
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