Walmart’s Great Value Fudge Mint Cookies Lack Fudge and Mint Ingredients, Class Action Claims

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A proposed class action lawsuit claims Walmart’s Great Value-brand Fudge Mint Cookies are misleadingly labeled in that they do not contain essential fudge or mint ingredients.

The 16-page case argues that the product’s packaging leads consumers to expect that the cookies contain fudge ingredients—namely milkfat or other dairy components—and real mint. The lawsuit says that the Fudge Mint Cookies instead substitute cheaper vegetable oil shortening for milkfat and natural and artificial, lab-synthesized flavors for mint.

According to the case, Walmart has sold more of the Fudge Mint cookies, and at higher prices, than it would have absent the allegedly misleading product labeling.

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

The lawsuit explains that the central component of fudge, according to most recipes, is milk fat, which is typically added through butter. According to the suit, some fudge manufacturers have attempted to cut costs by substituting vegetable oils for fudge’s dairy ingredients, with the resulting product providing “less satiety, a waxy and oily mouthfeel, and . . . an aftertaste,” the case says.

Consumers who purchase a product labeled as “fudge” would not expect the food to contain vegetable oils instead of dairy ingredients, the filing contends. Nevertheless, the Great Value Fudge Mint Cookies contain no dairy, and are made instead with “Vegetable Oil Shortening,” as revealed in the cookies’ ingredients list.

According to the case, consumers are misled by the term “Fudge Mint Cookies” as it appears alongside pictures of what purport to be fudge-covered cookies on the product’s front label.

The lawsuit further argues that the “mint” representation on the cookies’ label is also misleading given the product contains no mint, and derives its taste instead from “Natural and Artificial Flavor.” Per the suit, this flavoring component is “a synthesized blend of compounds extracted in a laboratory from artificial sources” that may include petroleum byproducts.

The case claims Walmart’s misleading representations are substantiated by the fact that the product claims to be made with “Real Cocoa” and does, in fact, contain cocoa.

“This truthful representation causes consumers to trust the fudge and mint claims,” the complaint argues.

Per the suit, Walmart has gained a competitive advantage over other cookie manufacturers and consumers alike by labeling its Fudge Mint Cookies in this manner.

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