Class Action Says Flipz White Fudge Pretzels Lack Type, Amounts of Ingredients Expected to be Found in Fudge

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A proposed class action argues that Flipz white fudge-covered pretzels are mislabeled given they contain neither the type nor amounts of certain ingredients consumers expect to find in fudge.

The 21-page lawsuit in Illinois contends that Flipz maker Star Brands North America has deceived consumers by failing to adequately disclose that the fat content of the product’s white fudge coating is comprised almost entirely of non-dairy fats and substituted vegetable oils. Although an older version of the Flipz ingredients list identified the white fudge and its constituent parts separately, the suit says, a newer one lists the ingredients for the pretzels and their coating together, leaving consumers unable to decipher which ingredients were used for which. 

According to the filing, the “fudge” representation on the pretzels’ packaging leads consumers to expect that the product contains ingredients “essential to fudge”—namely, sugar and dairy ingredients. 

Per the case, closer inspection of the Flipz ingredients list reveals that the predominant fat component of the pretzels’ white fudge coating comes from palm kernel and hydrogenated palm oils. Knowledge of this substitution of milkfat with vegetable oils would be a critical factor in consumers’ purchasing decisions, the lawsuit relays. 

“Whether a product contains fudge and/or ingredients expected in fudge, is basic front label information consumers rely on when making quick decisions at the grocery store,” the complaint says, alleging the value of Flipz white fudge-covered pretzels is materially less than represented by Star Brands. 

Milkfat is a central component of fudge, and the quality of fudge depends on the amount and type of fat-contributing ingredients used during production, the lawsuit says. Whereas dairy ingredients impart to fudge a rich, creamy texture thanks to milkfat, alternative, cheaper vegetable oils fail to melt at mouth temperature and leave a waxy mouthfeel, the complaint reads. 

Overall, the substitution of vegetable oils for milkfat will result in a lesser quality fudge lacking the calcium and vitamins offered by milkfat, the case relays. 

The lawsuit says that by matching the ingredients found on the earlier version of the Flipz ingredients list with those of the current list, it is apparent that vegetable oils are the most predominant ingredient by weight in the fudge coating. 

The case looks to cover consumers in Illinois, Iowa, New Mexico, Michigan, Texas, Arkansas, Virginia and Oklahoma who bought Flipz white fudge-covered pretzels within the applicable statute of limitations period. 

On January 22, 2022, the same day the case detailed on this page was filed, grocer Aldi was also hit with a proposed class action that alleged consumers were misled by the “white fudge” description found on its Choceur white fudge-covered pretzel labels. 

Both complaints can be found below. 

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