Putative Class Action Challenges Krispy Kreme’s Raspberry, Maple and Blueberry Products

A consumer has filed a projected class action against Krispy Kreme
Doughnuts, Inc., alleging the company’s blueberry, maple and raspberry
products are not made with the ingredients in their fruit-based
names. Saidian v. Krispy Kreme Doughnuts, Inc., No. 16-8338 (C.D.
Cal., filed November 9, 2016). The complaint highlights health benefits
apparently linked to raspberries, blueberries, maple syrup and maple
sugar, asserting that Krispy Kreme charged a premium for its products
to capitalize on those perceived health benefits while using imitation
versions of the ingredients. The plaintiff also distinguishes the blueberry,
raspberry and maple products from Krispy Kreme’s lemon, strawberry
and cinnamon apple products, because the latter group does contain
its advertised ingredients, leading to further consumer confusion. For
allegations of fraud, misrepresentation and violations of California
statutes, the plaintiff seeks class certification, an injunction, damages and
attorney’s fees.

Issue 622