Plaintiff Alleges Color of Brown Bread Implies Healthfulness

A plaintiff has filed a putative class action alleging Bimbo Bakehouse LLC misleads consumers by selling The Cheesecake Factory “Our Famous ‘Brown Bread’ Wheat Sandwich Loaf” as a bread made with primarily whole grains despite containing higher amounts of enriched wheat flour. Hamidani v. Bimbo Bakehouse LLC, No. 22-1026 (N.D. Ill., E. Div., filed February 26, 2022). “Consumers increasingly prefer whole grains to non-whole grains,” the complaint asserts. In addition to “important nutrients like fiber, vitamins, minerals, and antioxidants,” the “bran also gives whole grains their distinctive brown coloring.”

“Despite the labeling of the Product as ‘Brown Bread,’ with a dark brown color, and visible pieces of grain, the Product is not made with mainly whole grains,” the plaintiff argues. “The ingredient list reveals that the most predominant ingredient is not whole grain flour but ‘ENRICHED WHEAT FLOUR.’ [] While ‘WHOLE WHEAT FLOUR’ is the third most predominant ingredient, this is less than the second most predominant ingredient of ‘WATER.'” The complaint further asserts that the addition of dried molasses and caramel color “cause the bread to be significantly darker than it would be if the color was based solely on the ratio of refined grains to whole grains.”

“The Product’s name of ‘Brown Bread’ takes advantage of consumer assumptions and beliefs about the darker color of whole grain products. [] That the name is presented in quotes does not tell consumers the Product is not really brown bread.” The plaintiff alleges fraud, misrepresentation, unjust enrichment, breach of contract and breach of express and implied warranties.