Putative Class Action Challenges Blueberry and Maple Flavorings

A California consumer has filed a putative class action against
Dunkin’ Brands Group alleging that Dunkin’ Donuts deceived
customers into believing its blueberry and maple products
contained “real” blueberries and maple syrup or sugar instead of
artificial flavorings. Babaian v. Dunkin’ Brands Grp., No. 17-4890
(C.D. Cal., filed July 3, 2017). The plaintiff contends that the
chain’s use of the terms “blueberry” and “maple” in doughnut
names represent to consumers that the products contain “real
ingredients” and that Dunkin’ has a duty to disclose the use of
artificial flavorings. Further, the plaintiff asserts that whether the
doughnuts actually contain “real ingredients” is material to a
“reasonable” consumer’s purchase decision because of the
antioxidant properties and health benefits of both blueberries and
maple syrup. Claiming breach of warranties, breach of contract,
fraud, intentional and negligent misrepresentation, quasi-contract
and violations of California consumer-protection laws, the
plaintiff seeks class certification, damages, restitution and
attorney’s fees. A similar action was filed against Krispy Kreme
over its blueberry, maple and raspberry doughnuts in 2016;
additional details appear in Issue 622 of this Update.

Issue 640