A consumer has alleged that Mondelez Global LLC misleads consumers by marketing its Oreo Fudge Cremes as “fudge covered” because the topping covering the cookies lacks milkfat. Leonard v. Mondelez Global LLC, No. 21-10102 (S.D.N.Y., filed November 28, 2021). The complaint lists several recipes for fudge to support its argument that fudge requires the presence of milkfat, while Mondelez produces its “fudge” with palm oils and nonfat milk. “Fudge covered cookies made with fudge ingredients such as dairy components,
containing milkfat, are not a rare or pricy delicacy that would make a reasonable consumer ‘double check’ their presence by scouring the packaging,” the plaintiff argues. “The front label creates an erroneous impression that essential fudge ingredients are present.” The complaint compares the “fudge” ingredients to the “truthful and non-misleading ‘Mint’ representations, through words and pictures of peppermint leaf,” which are accurate because the product contains peppermint oil, the plaintiff explains.

The plaintiff alleges violations of New York’s consumer-protection statutes and the Magnuson-Moss Warranty Act as well as negligent misrepresentation, fraud and unjust enrichment and seeks class certification, injunctive relief, damages and attorney’s fees.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.