Class Action Claims Flipz White Fudge Covered Pretzels Are Mislabeled, Lack Fudge Ingredients

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A proposed class action claims Flipz-brand “White Fudge Covered Pretzels” are misleadingly labeled in that the snack lacks the ingredients consumers expect to be in a product containing fudge.

The 17-page lawsuit contends that although fudge traditionally contains a combination of sugar, butter and milk, the Flipz pretzels made by defendant DeMet’s Candy Company, LLC contain more vegetable fat ingredients than dairy ingredients. Per the case, reasonable consumers would be misled by the defendant’s “fudge” representation on the product’s label given they would expect the pretzels to contain a significant amount of milk fat instead of vegetable oils.

“The representation as ‘White Fudge [Covered Pretzels]’ is false, deceptive and misleading because it lacks the type and amounts of ingredients consumers expect in fudge,” the complaint argues.

The lawsuit stresses that the fat ingredients in fudge, which are typically derived from milk fat in butter, determine its quality. While dairy ingredients, such as butter, melt at room temperature and impart a “creamy, rich taste” to fudge, vegetable oil alternatives such as palm kernel and palm oil remain solid at room temperature and “leave a waxy mouthfeel” without contributing to the fudge’s taste, the case relays. Per the suit, vegetable oil ingredients are often balanced with milk fat in fudge to cut costs.

The case claims consumers who view the “White Fudge” representation on the Flipz pretzels’ label will expect the food to contain ingredients essential to fudge, such as dairy and milk fat. The suit argues, however, that the product actually contains more vegetable oils than dairy ingredients.

“Based in part on an analysis of the Nutrition Facts, the fat content of the Product comes almost exclusively from the vegetable oil ingredients,” the complaint attests.

According to the case, the minimal amount of dairy ingredients combined with the substitution of vegetable oils in the Flipz product results in the fudge providing “less satiety” and “a waxy and oily mouthfeel” followed by an aftertaste. The suit adds that vegetable oils are “linked to numerous health problems, like increased chances of heart disease and increased cholesterol,” and lack certain nutritional benefits provided by dairy ingredient such as vitamins A, D, E and K.

The lawsuit points out that the defendant sells a similar pretzel product covered in “Milk Chocolate” that does contain milk chocolate ingredients.

Per the case, DeMet’s Candy Company has sold more of the Flipz White Fudge Covered Pretzels, and at higher prices, than it would have absent its allegedly misleading representations.

The suit aims to cover New York residents who purchased the Flipz product during the applicable statute of limitations period.

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