Pepperidge Farm Harvest Wheat Crackers Contain Less Whole Grain Than Buyers Expect, Class Action Alleges

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A proposed class action alleges Pepperidge Farm Harvest Wheat crackers contain less whole wheat than consumers are led to expect.

The 19-page case contends that by calling the product “Harvest Wheat,” Pepperidge Farm leads consumers to believe that the crackers are made out of whole grains that are “closer in form” to their harvest state and have not been processed. Moreover, added coloring in the crackers and visible pieces of grain, which are displayed on the product’s front label, contribute to the perception that the Harvest Wheat crackers are predominantly made with whole grain, the lawsuit says.

According to the suit, however, the Pepperidge Farm Harvest Wheat crackers contain a “negligible absolute and relative amount” of whole grains compared to refined grains. Per the case, the product’s ingredients list reveals that the most predominant ingredient in the crackers is “enriched wheat flour,” with whole wheat flour listed fifth.

Per the complaint, many consumers prefer foods made with whole grain to those made with refined or enriched flour because whole grain is a significant source of fiber and contains vitamins, minerals and antioxidants. As the case tells it, non-whole grains have been processed to remove the part of the grain that contains most of the fiber and nutrients.

The suit argues that there is “no way” for consumers to learn what percentage of grain in the Harvest Wheat crackers is whole grain.

Moreover, the lawsuit claims that Pepperidge Farm has compounded the apparent deception by using honey and brown sugar to give the crackers the darker hue associated with whole grain.

Moreover, the presence of defatted wheat germ in the crackers gives them dark “spots and specks” that give consumers the impression that the crackers are made with whole wheat, the case goes on. The lawsuit claims this ingredient is praised among industry publications as one that enables manufacturers to “cut down on costs” by using less whole grain in their products while still giving foods the appearance and texture of whole grain.

“Consumers viewing these brown specks will believe they are there because the Product is predominantly whole grain and/or contains a non-de minimis amount of whole grain, when this would be false,” the case alleges.

The lawsuit alleges Pepperidge Farm has sold more of its Harvest Wheat crackers, and at higher prices, than it would have absent the allegedly misleading labeling.

The case looks to cover anyone in New York, Kansas, New Hampshire, Nebraska, Virginia, South Carolina, Montana, Iowa, Mississippi or Utah who purchased the Pepperidge Farm Harvest Wheat crackers within the applicable statute of limitations.

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