Kellogg’s Toasteds Harvest Wheat Crackers Contain Less Whole Grain Than Advertised, Lawsuit Says

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A proposed class action claims Kellogg’s Toasteds-brand Harvest Wheat crackers are misleadingly labeled given they contain less whole grain than consumers are led to expect.

The 18-page lawsuit says that even though the crackers are labeled as “Harvest Wheat” and have a dark brown color with visible grains, they contain “a negligible absolute and relative amount” of whole grains in comparison to refined grains.

Per the case, consumers have been misled by representations on the product’s packaging into paying more for an item worth less than they expected.

“The representations cause consumers to expect it contains a greater absolute and relative amount of whole grains compared to refined grains than it does,” the complaint states, arguing that many consumers prefer whole to refined grains due to their superior nutrition.

Although whole grains contain a variety of nutrients, refined grains have been processed to remove the parts of the grain that contain fiber and most of the other nutrients, the lawsuit relays. Most refined grains are then “enriched,” meaning some nutrients, but not all, are added back in.

Per the case, the most predominant ingredient in the Toasteds crackers is enriched flour, while “whole wheat flour” and “whole wheat” are listed third and seventh, respectively, on the product’s ingredients list.

The lawsuit contends that consumers who view the “Harvest Wheat” description on the front of the crackers’ packaging would expect there to be more whole wheat in the product because “harvest” evokes a wheat product that is “closer in form” to its original state.

“After all, all grains are initially harvested, but it is their subsequent refining – the removal of the bran and germ – that strips away the nutrients of harvested grains,” the complaint stresses.

The case goes on to claim that the Toasteds crackers contain ingredients, such as malt extract and defatted wheat germ, which respectively lend the product a darker color and serve as “visible pieces of grain,” implying to consumers that the crackers contain more whole wheat than they really do.

The lawsuit concludes that consumers have spent more on the Toasteds Harvest Wheat crackers than they would have “in the absence of the false and misleading representations and omissions.”

The case looks to represent anyone in Illinois, Kansas, New Hampshire, Nebraska, Virginia, South Carolina, Montana, Iowa, Mississippi and Utah who purchased Kellogg’s Toasteds Harvest Wheat crackers within the applicable statute of limitations period.

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