California Plaintiffs Allege False Advertising and Labeling of Frozen Waffles

California consumers have filed a putative class action against Van’s International Foods and retailers Whole Foods Market California, Inc., Trader Joe’s Co., and Costco Wholesale Co., alleging that Van’s frozen waffles did not accurately state the calorie and nutrient content throughout 2007 and into 2008. Hodes v. Van’s Int’l Foods, No. 09-01530 (C.D. Cal., filed March 4, 2009). According to the complaint, which seeks certification of a nationwide class, the sale in late 2006 of the company that made Van’s frozen waffles involved a change in personnel that required “reverse engineering the recipes for Van’s existing product lines.” That process allegedly resulted in findings that the nutritional information on the product packaging “contained numerous substantial inaccuracies.” The calorie, fat, sodium, carbohydrates, calcium, iron, and fiber content listed purportedly varied by 20 to 100 percent or more from the actual nutritional values.

The plaintiffs allege that the company continued to “distribute its frozen waffles in packaging containing false and misleading nutritional information long after learning that the information was incorrect.” Efforts were allegedly made in late 2008 to provide more accurate information, but the company purportedly “attempted to reduce the serving size and altered the recipes of many of its products to help mask
the changes or cover up the misrepresentations contained on the labels of other products.” The complaint alleges fraud, breaches of express and implied warranties, false advertising, and unfair business practices. Remedies sought include injunctive relief, compensatory and punitive damages, restitution, prejudgment interest, attorney’s fees and costs.