BROOKLYN, N.Y. (Legal Newsline) – A New York man has filed a lawsuit against the maker of a popular brand of graham crackers over allegations the composition of the products is misrepresented.
Keith Kennedy, individually and on behalf of all others similarly situated, filed a complaint on Jan. 15 in the U.S. District Court for the Eastern District of New York against Mondelēz Global LLC alleging fraud, negligent misrepresentation and other counts.
According to the complaint, the plaintiff alleges that in 2016, 2017 and/or 2018, he purchased one or more of defendants' Honey Maid graham cracker varieties for personal consumption. He alleges the main ingredient in Honey Maid graham crackers is white flour, not graham flour, and that the products are misrepresented as graham crackers.
"The net representations of 'grahams' (on the label) and 'graham crackers' (in other media) is misleading and deceptive, creating an erroneous impression that graham flour is the predominant or exclusive flour component, as opposed to white flour," the suit states.
The plaintiff requests a trial by jury and seeks preliminary and permanent injunctive relief, monetary damages and interest, including treble and punitive damages, costs and expenses, including fees for attorneys and experts. He is represented by Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York and Joshua Levin-Epstein of Levin-Epstein & Associates PC in New York.
U.S. District Court for the Eastern District of New York case number 1:19-cv-00302-ENV-SJB