An Illinois woman has filed a proposed class action against Mondelēz, alleging the company’s Trident gum misleads consumers into believing its flavoring comes from peppermint or mint ingredients rather than artificial flavoring. Lesorgen v. Mondelēz Global LLC, No. 22-50375 (N.D. Ill., filed October 28, 2022).

The product at issue in the suit is Trident Original Flavor gum. The plaintiff noted in the complaint that the front label states “ORIGINAL FLAVOR” with a picture of a blue-colored peppermint leaf.

“By representing the Product as ‘mint’ or ‘peppermint’ without any qualifying terms, consumers and Plaintiff expected its taste was from mint or peppermint ingredient,” the plaintiff said in the complaint. “However, the ingredient list in small print on the back does not identify any mint or peppermint ingredients, and gets its mint or peppermint taste from ‘Natural and Artificial Flavor.’”

The plaintiff asserts that the products’ added natural and artificial flavor must be disclosed prominently on the front label to consumers.

The plaintiff’s claims against Mondelēz include alleged violations of the Illinois Consumer Fraud and Deceptive Business Practices Act and other state consumer fraud acts, breach of express and implied warranty, negligent misrepresentation, fraud and unjust enrichment. She seeks class certification, injunctive relief, damages and costs and expenses including attorney’s fees.

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