Trader Joe’s Lawsuit Alleges Gluten-Free Almost Everything Bagels Contain Substantial Amounts of Gluten

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A new class action lawsuit alleges Trader Joe’s purportedly gluten-free Almost Everything Bagels are falsely advertised because they in fact contain “high levels of gluten.”

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The 22-page Trader Joe’s lawsuit shares that recent scientific testing found that the Gluten Free Almost Everything Bagels contain 269.8 parts per million (ppm) of gluten, 13 times the governmental limit for gluten-free foods and nearly 27 times the Gluten-Free Certification Organization limit. The testing was commissioned by Moms Across America, a group that provides independent test results and information to mothers in search of the best-quality health and nutrition products.

The proposed class action states that the testing was performed by the Health Research Institute, an accredited clinical and analytical laboratory, in accordance with the AgraQuant Gluten G12 ELISA test, which provides a quantitative analysis of gluten in food.

Consumers perceive gluten-free foods as more healthful, less caloric and less processed, the suit relays. Given consumers’ generally positive beliefs toward gluten-free foods, the “Gluten Free” claim on Trader Joe’s Almost Everything Bagels is material to shoppers in deciding whether to buy the product, the filing says.

Per the case, Trader Joe’s Gluten Free Almost Everything Bagels tested “well over” the four ppm limit of quantification (LOQ), with 269.8 ppm of gluten found in the product.

The filing contends that the plaintiff and other consumers relied to their detriment on Trader Joe’s label claim that the bagels did not contain gluten and were injured by spending money on a product they would not otherwise have purchased “absent Defendant’s misconduct.”

“Plaintiff did not notice any disclaimer, qualifier, or other explanatory statement or information on the Product’s labeling or packaging that disclosed that the Product contained high levels of gluten because there is no such disclaimer,” the complaint reads. “At the time of Plaintiff’s purchase, she did not know the Product contained gluten.”

The Trader Joe’s lawsuit looks to cover all individuals who bought Trader Joe’s “Gluten Free” Almost Everything Bagels in the United States within the applicable statute of limitations period.

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