Food Giant Failed to Place Nutrition Labels on Bakery Goods, Class Action Claims
Williams v. Mitchell Grocery Corp.
Filed: September 6, 2023 ◆§ 2:23-cv-01179
A class action out of Alabama alleges Food Giant has violated food labeling regulations by failing to place nutrition labels on its bakery goods.
A proposed class action out of Alabama alleges Food Giant has violated food labeling regulations by failing to place nutrition labels on its bakery goods.
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The 22-page lawsuit says that despite “clear requirements” set by state law and the U.S. Food and Drug Administration (FDA) stating that food packages must be labeled with nutrition panels, the grocery store chain sells bakery products in prepackaged containers that lack nutrition labeling.
The case claims that defendant Mitchell Grocery Corp.—which owns numerous Food Giant locations throughout the Southeast—has neglected its legal responsibility to provide consumers with information about the nutritional value of its baked products.
Although certain establishments are exempt from the FDA’s nutrition labeling laws, such as bakeries that make their goods on-site from scratch and restaurants that serve food for immediate consumption, Food Giant does not fall into any of those exemptions, the filing contends.
The case claims that “[i]f bakery goods are merely baked and packaged, then they are not exempt and the required Nutrition Labeling is to be affixed.”
According to the suit, Food Giant receives the dough for its prepackaged bakery goods in shipments from either a third-party vendor or Mitchell Grocery Corp.’s central location.
As the FDA clarifies in its 2013 Food Labeling Guide, nutrition labeling is required if “pre-formed dough, pre-scaled/molded and par baked dough are merely proofed and baked or simply thawed,” the lawsuit relays. Moreover, foods that are not for immediate consumption, such as pre-portioned packages, are exempt only if the product is “primarily processed and prepared on-site,” the filing shares.
By failing to disclose such details, the company is “misleading consumers by marketing misbranded food,” the suit contends.
The plaintiff, an Alabama resident who purchased Ma’s yeast rolls and cornbread from the Hueytown Food Giant, says that she and other customers purchased baked goods from the grocery store chain that were of less value than if proper nutrition labeling had been attached.
The lawsuit looks to represent anyone in Mississippi or Florida who purchased Food Giant’s bakery goods that were sold without nutrition labels. The suit also seeks to cover anyone in Alabama who purchased Food Giant’s bakery goods that were not processed and prepared on-site but were sold without nutrition labels.
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