Class Action Claims Cheddar-Flavored TGIFridays Crunchy Fries Are Mislabeled, Made from Mostly Cornmeal
by Erin Shaak
Spell v. Inventure Foods, Inc.
Filed: November 14, 2021 ◆§ 3:21-cv-01426
A class action alleges TGIFridays-brand Crunchy Fries Snacks are misleadingly labeled given the product is made with mostly cornmeal, and not potatoes.
Illinois
A proposed class action alleges TGIFridays-brand Crunchy Fries Snacks are misleadingly labeled given the product is made with mostly cornmeal, and not potatoes.
The 11-page case contends that consumers who view the label of the cheddar cheese-flavored baked snack reasonably expect that a product advertised as “fries” would be made from potatoes. Nevertheless, the TGIFridays Crunchy Fries, despite how the product is labeled by defendant Inventure Foods, are “almost entirely” made out of cornmeal, as revealed in the snack’s ingredients list, the lawsuit says.
“The Product’s name of Crunchy Fries Snacks is false, deceptive, and misleading because it is not a common or usual name for a product made mostly from cornmeal,” the complaint argues, claiming Inventure has violated state and federal food labeling regulations.
The lawsuit states that “fries,” as consumers understand the term, indicates that a product is made from strips of potato that are deep fried in vegetable oil. An “increasingly popular” method for producing a healthier “French fry-like product” involves coating potato slices in oil and spices and baking them, the case relays.
Thus, consumers who view the TGIFridays Crunchy Fries Snacks label—which includes the product’s name and a picture of what looks like sliced potatoes—would reasonably expect the “fries” to be made out of mostly potatoes, the suit claims.
The ingredients list, however, reveals that the product’s most predominant ingredient is whole grain cornmeal, followed by enriched cornmeal, vegetable oil and then potato flakes, the suit says. According to the complaint, potato flakes are “flat chunks of dehydrated mashed potato” and are not equivalent to the potato slices consumers expect in a “fries” product.
The case claims the labeling of a cornmeal product as “fries” is false, deceptive and misleading, and allowed the defendant to gain an advantage over competitors who represent their products more accurately.
“Defendant sold more of the Product and at higher prices than it would have in the absence of this misconduct, resulting in additional profits at the expense of consumers,” the lawsuit claims.
The case looks to represent anyone in Illinois, North Dakota, Rhode Island, Michigan, Virginia, North Carolina, Kansas, Wyoming and Delaware who purchased the cheddar cheese-flavored TGIFridays Crunchy Fries Snacks product during the relevant statute of limitations period.
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