Lance Whole Grain Sandwich Crackers Contain Less Whole Grain Than Advertised, Class Action Says

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A proposed class action claims the packaging of Lance-brand Whole Grain Sandwich Crackers with Peanut Butter is misleading in that the product contains less whole grain per serving than consumers expect.

The 16-page lawsuit contends that because the Lance sandwich crackers are represented as containing “11g Whole Grain” and “4g Protein,” consumers would not expect the product to also contain nearly the same amount of enriched flour, or refined grains. Per the case, defendant Snyder’s-Lance, Inc. has misled consumers into believing they are consuming a greater amount of whole grains, and therefore fiber, than they actually are, and has thus profited at the expense of unwitting buyers.

“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 complaint reads. “Had Plaintiff and proposed class members known the truth, they would not have bought the Product or would have paid less for it.”

The case relays that consumers value whole grains, which contain the entire grain seed, over refined grains, which have been processed to remove the nutritious bran and germ, because they contain nutrients like fiber, vitamins, minerals and antioxidants. Per the suit, dietary guidelines recommend 48g of whole grains per day.

Importantly, consumers generally expect that each gram of whole grain per serving will provide at least one gram of fiber, the lawsuit says. The case states, however, that the Lance Whole Grain Sandwich Crackers contain only two grams of dietary fiber per serving, even though the product label says that the snack contains 11 grams of whole grain.

The suit claims that although consumers are informed that the sandwich crackers contain 11 grams of whole grain, they are not told how much enriched flour has also been included in the product. Per the case, enriched flour is listed second in the crackers’ ingredients list after whole wheat flour. The difference between the amounts of the two types of flour is “very small, or insignificant,” according to the complaint.

The lawsuit argues that consumers who view whole grain representations on a product’s front label typically expect the product to not contain any refined grains. Thus, consumers who purchased the Lance Whole Grain Sandwich Crackers did not receive as much whole grain as they expected, the case attests.

The suit goes on to argue that the addition of caramel color to the crackers further misleads consumers into believing the product contains more whole grain than it does given the coloring lends the crackers a darker hue.

“The Product’s color would be significantly lighter if based solely on the ratio of refined grains to whole grains,” the complaint claims.

The case looks to cover anyone in New York, Michigan, Iowa, Rhode Island, Georgia, North Dakota, Texas, New Mexico, Virginia, New Hampshire, South Dakota, and Oklahoma who purchased the Lance Whole Grain Sandwich Crackers within the applicable statute of limitations period.

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